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(314) 500-HURTHow 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.
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.
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 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.
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.
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.
Related article: Conscious Pain and Suffering
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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