If you or a loved one were injured in an accident, due to someone else’s negligence, you might be entitled to compensation for pain and suffering. A personal injury lawyer can help you get compensation for your pain and suffering. Learn more about what it entails to have a strong personal injury case.
To calculate pain and suffering is complex, as it involves assessing non-economic damages that do not have a clear monetary value. Two common methods used by injury attorneys are the multiplier method and the per diem method. Another less common method is calculating hedonic damages, which compensates for the loss of enjoyment of life resulting from the injury.
The multiplier method is a common approach to calculate pain and suffering damages in personal injury cases. It works by first adding up all the actual economic damages, such as medical bills, lost wages, and other quantifiable costs resulting from the injury. Once this total is calculated, the sum is multiplied by a number, usually between 1.5 and 5.
The multiplier is selected based on the severity and permanence of the injuries. More serious or long-lasting injuries are generally assigned a higher multiplier, as they typically result in greater physical and emotional distress. For example, a life-altering injury with ongoing consequences might justify a higher multiplier compared to a minor injury with a quick recovery. This method is widely used because it provides a straightforward and structured way to account for non-economic damages.
The per diem method offers an alternative approach to calculate pain and suffering damages. This method assigns a specific dollar amount to each day the claimant experiences pain or suffering. The daily rate is then multiplied by the total number of days the individual is expected to endure the suffering.
For instance, if a claimant experiences significant pain for 100 days and a daily rate of $150 is assigned, the pain and suffering damages would amount to $15,000. The effectiveness of this method depends on providing consistent and reasonable justification for the chosen daily rate. Often, the daily rate is tied to the claimant’s daily earnings or another logical benchmark that reflects the claimant’s experience. Using this approach to calculate pain and suffering works well in cases where the duration of suffering is clear and measurable.
In addition to pain and suffering, some cases involve what are known as hedonic damages. These damages compensate for the loss of enjoyment of life caused by the injury. For example, if an individual loses the ability to participate in hobbies, sports, or other activities that previously brought them joy, hedonic damages may be awarded to account for this intangible loss.
While hedonic damages are harder to quantify, they are an essential component in personal injury cases involving significant lifestyle changes or permanent disabilities. Courts and legal professionals use expert testimony, personal accounts, and other evidence to assess the impact of the injury on the individual’s quality of life. When combined with methods like the multiplier or per diem approaches, hedonic damages provide a more comprehensive picture of the claimant’s suffering and losses.
Many things are considered when attempting to calculate pain and suffering in personal injury claims:
Pain and suffering can be broken down in two categories:
A personal injury attorney can help prove pain and suffering damages by gathering substantial evidence, such as medical records, expert testimonies, and personal statements, to demonstrate the extent of the claimant’s physical and emotional distress. They can also work with medical professionals to establish a clear connection between the injury and the claimant’s suffering. Additionally, an attorney can guide the claimant in documenting their suffering, ensuring that all relevant experiences and impacts on daily life are accurately recorded.
Many things must be collected and presented to make a personal injury case for proving your physical and mental pain and suffering. Some things your injury attorney will collect on your behalf include:
As a victim of a personal injury accident, you have the right to seek compensation for damages resulting from someone else’s negligence. This can include car accidents, truck wrecks, motorcycle crashes, pedestrian accidents, dog bites, slip-and-fall accidents, wrongful death claims, and more.
If another person is found liable for the accident, the victim might be able to collect compensation for medical bills, lost wages, and pain and suffering. Personal injury attorneys specialize in these cases and help victims and their families get the compensation they need to avoid paying out-of-pocket.
At Thompson Law, we know that every personal injury case is unique. Our dedicated team takes the time to learn the extent of your personal injury damages and injuries so we can help you get fair value for your claim. With a Texas personal injury attorney on your side, you can focus your time and energy on recovering.
Common types of personal injuries include:
Attempting to calculate pain and suffering on an emotional level can be more challenging , but victims deserve compensation for losing their quality of life, short or long-term.
Consider a cyclist who can no longer enter triathlons, a mother who can no longer lift her small child or someone who can no longer perform their work duties or struggles with depression. No matter the unique circumstances of your case, a personal injury lawyer can help you get fair compensation after your accident.
Though pain and suffering occur after all kinds of accidents, auto accidents are the most common personal injury accidents. If you or a loved one were injured in a car accident, Thompson Law can help.
If someone else’s negligence caused your injuries, Thompson Law can help calculate pain and suffering damages for you. You don’t have to fight your personal injury case by yourself. We’ll ensure you know your rights and develop a strategy for obtaining the financial compensation you need. Whether you’re dealing with hospital bills, lost wages, emotional distress, or physical pain, our attorneys are here to support you with a free consultation.
Call Thompson Law today to speak to an attorney about your case. After an accident, you shouldn’t have to face the negligent party or their insurer alone. We’ll handle the complex legal aspects of your case so you can focus on getting the care and treatment you need.
It is advisable to contact a personal injury lawyer as soon as possible after an auto accident. Early legal consultation can help preserve crucial evidence, ensure proper documentation of your injuries, and provide guidance on the appropriate steps to take for your claim.
In legal terms, pain and suffering refer to the physical and emotional distress that a person endures as a result of an injury. This can include actual physical pain, as well as mental and emotional anguish such as anxiety, depression, and loss of enjoyment of life.
Pain and/or suffering are considered non-economic damages, or general damages, meaning they do not have a precise monetary value like medical bills or lost wages. Courts and insurance companies typically evaluate the severity of the injury, the impact on the individual’s daily life, and the duration of the suffering when trying to calculate pain and suffering damages and determine the appropriate compensation.
The average settlement amount for pain and suffering in a personal injury case can vary widely based on several factors, including the severity of the injury, the impact on the individual’s daily life, and the favorability of jurors towards injury claimants in the county in which the case is being adjudicated.
Generally, pain and suffering settlements can range from a few thousand dollars for minor injuries to several hundred thousand dollars for more severe cases involving long-term or permanent disabilities. It is important to note that each case is unique, and the final settlement amount is highly dependent on the specific circumstances of the injury and the effectiveness of the legal representation.
Thompson Law NO COBRA HONORARIOS a menos que obtengamos un acuerdo para su caso. Hemos puesto más de $1.9 mil millones en acuerdos en efectivo en los bolsillos de nuestros clientes. Contáctenos hoy para una consulta gratuita y sin compromiso para hablar sobre su accidente, obtener respuestas a sus preguntas y comprender sus opciones legales.
La ley estatal limita el tiempo que tiene para presentar una reclamación después de un accidente con lesiones, así que llame hoy.
