How is pain and suffering calculated in a personal injury case? When you’ve been hurt in an accident, you not only have medical bills and lost wages to recover, but you may also be entitled to pain and suffering damages. The question, though, is how do you calculate what your pain and suffering are worth? Is it really quantifiable?
Understanding how damages like pain and suffering are calculated is just one of the things a good personal injury lawyer will do for you. If you have a personal injury case or suspect you might be entitled to compensation for the pain and suffering you have endured due to another person’s negligence, Burger Law can help. Contact the experienced St. Louis personal injury lawyers of Burger Law today at 314-542-2222 or online.
How is pain and suffering calculated in a personal injury case?
After you’ve been hurt in an accident – whether it’s a car accident, work injury, slip and fall, or other type of accident – you are left not only with physical injuries, but also emotional ones. When you sue the liable party for damages, in many cases you are also entitled to payment for non-economic damages such as pain and suffering.
These non-economic damages such as pain and suffering can be a mystery to most people. How can you put a price tag on the anguish you have suffered? Though there is some subjectivity in calculating pain and suffering damages, there are a couple of different methods insurance companies use to determine what your pain and suffering is worth in your injury case.
The Multiplier Method
One way insurance companies calculate your pain and suffering is by the multiplier method, where the value of the economic damages – meaning medical bills, property damage, or lost wages – is multiplied by a variable. The variable, which can be anywhere between 1.5 and 5, is determined based on factors of the case such as how serious the injury was, how likely the victim is to fully recover, and how much the injury has impacted the victim’s everyday life.
The Per Diem Method
The per diem method assigns a monetary value to each day the victim has suffered due to the accident. The total for your pain and suffering award by this method would be the daily rate multiplied by the number of days you suffered. This method of calculation does not work out well for the insurance company when your pain and suffering is long-term.
What does this mean for my personal injury case?
The above methods for calculating the value of someone’s pain and suffering are two common methods used by insurance companies. However, this doesn’t mean that is what your pain and suffering is truly worth. Some insurance companies use a hybrid method or software to make a more specific calculation. But of course, the insurance company is always motivated to pay out as little as possible, even when it is clear that you have suffered.
If the insurance company refuses to offer you a fair settlement based on the pain and suffering you have experienced, you may have to go to court and resolve the case in a jury trial. When your St. Louis personal injury case goes to court, it is up to the jury to decide what your pain and suffering is worth. This is a much less precise calculation and is based on the humanity of your peers. After all, can you really put a price tag on the physical pain, depression, anxiety, disability, and other emotional and psychological trauma you have suffered?
Your personal injury attorney will help persuade the defense, their insurance company, or the jury understand how significantly the accident has impacted your life and your ability to enjoy it.
St. Louis Pain and Suffering Lawyer | Burger Law
Pain and suffering can be hard to calculate. But when you do have to put a number to the emotional and psychological trauma you have endured as a result of a personal injury, be sure to have a skilled St. Louis pain and suffering lawyer representing you to help you obtain the pain and suffering settlement you deserve. Talk to us for free about your case by calling 314-542-2222 or contacting us online today.