How are Pain and Suffering Damages Calculated?
Accident victims are often left dealing not only with unexpected medical bills and other financial losses, but many of them are also dealing with extreme pain and a long road to recovery. Pain and suffering damages can help compensate victims for these intangible losses, but putting a specific dollar amount on them can be challenging.
After all, how do you calculate the value of physical pain and emotional trauma? There are some common methods used to put a proper value on pain and suffering damages in personal injury claims, so keep reading below to learn all the details.
What Are Pain and Suffering Damages?
Pain and suffering damages provide compensation for the intangible losses a victim suffers after an accident. Just because these damages are intangible does not mean that they aren’t real. Victims often deal with intense physical and emotional pain and trauma, and they have a right to be fairly compensated for it.
Pain and suffering damages are a type of non-economic damages. This is because they are not associated with a direct financial loss. Some additional types of non-economic damages include:
- Emotional distress
- Mental anguish
- Loss of consortium
- Diminished quality of life
- Loss of enjoyment of life
- Permanent scarring
- Disfigurement
- Permanent disability
- Depression
- Anxiety
- PTSD
These types of damages can have lasting effects on a victim, so it is crucial that a proper value be put on them.
Calculating the Value of Pain and Suffering Damages
Unfortunately, there is no single, objective formula that can be used to calculate the value of your pain and suffering damages. The calculation is not an exact science. Instead, you must examine all the factors and circumstances of your case. As a general rule, cases involving more severe injuries will be assigned higher values than those involving only minor injuries.
Some of the factors that will affect the value of your pain and suffering damages include:
- The severity of your injuries
- The length of your recovery
- How your daily life and relationships have been affected
- Whether you are left with any permanent effects, such as scarring, disfigurement, or disability
There are two common methods used for calculating the value of pain and suffering damages in Anchorage personal injury claims. Those are:
Multiplier Method
The multiplier method is the most common way to calculate the value of pain and suffering damages. When using this method, a multiplier from 1 to 5 is assigned to your claim based on the severity of your injuries. Less severe injuries are assigned a multiplier closer to 1, while a multiplier of 5 would be reserved for accidents involving catastrophic injuries.
The multiplier is then multiplied by the value of your economic damages or financial losses to get an estimate of your pain and suffering damages. For instance, imagine you were injured in a truck accident and suffered moderate injuries that required surgery and several months of recovery. Your case may be assigned a multiplier of 3. If your economic damages totaled $50,000, then your pain and suffering damages would be valued around $150,000 ($50,000 x 3).
Per Diem Method
Another method used to calculate pain and suffering damages is known as the per diem method. This method is less common, but it is still sometimes used during the settlement or negotiation process. Using this method, your pain and suffering damages are assigned a daily value. That daily value is then multiplied by the number of days it took you to fully recover.
For instance, imagine you were hurt in a car accident and suffered minor injuries. Suppose your claim is assigned a daily value of $200, and it took you 100 days to fully recover from your injuries. In that case, your pain and suffering damages may be worth approximately $20,000.
How Do I Prove My Pain and Suffering Damages?
Since pain and suffering damages are subjective, you will not have bills or receipts that can be used to prove their value. Instead, you will need to rely on other types of evidence to prove these damages. The more evidence you have on your side, the more likely you will be to maximize the value of your claim.
Some common types of evidence used to prove pain and suffering damages include:
- Your own testimony
- Testimony from friends and family
- Medical records
- Photos of your injuries
- Expert witnesses, such as your doctor or physical therapist
- Pain journals
An experienced lawyer can help you gather and present the necessary evidence to prove your case.
Contact Farnsworth & Vance Personal Injury Lawyers To Schedule a Free Consultation With an Anchorage Personal Injury Attorney
If you have been hurt in an accident in Anchorage, AK, contact the experienced team at Farnsworth & Vance Personal Injury Lawyers for help. You deserve to be fully compensated for your pain and suffering, and we will fight to help you obtain maximum compensation.
Call us today at 907-290-8980 to schedule a free consultation with an Anchorage personal injury lawyer who is ready to help you get the justice you deserve.
Visit Our Farnsworth & Vance Personal Injury Law Offices
Farnsworth & Vance Personal Injury Lawyers – Anchorage
2525 Gambell St #410,
Anchorage, AK 99503
(907) 290-8980
Farnsworth & Vance Personal Injury Lawyers – Eagle River
13135 Old Glenn Hwy, Suite 101
Eagle River, AK 99577
(907) 802-4097