Determining pain and suffering damages in a personal injury accident can be a complicated process. There is no mathematical formula used to make this determination. Pain and suffering damages recoverable include compensation for mental anguish, denial of social pleasures and life enjoyments and other non-economic damages.
A traditional method for calculating these damages is to use a multiplier formula.
The total amount of medical bills and wage loss is multiplied by a number usually between 2 to 5 to determine the non-economic damages. For example, if the total economic damages were $50,000.00, the calculation would be $50,000.00 x 3 = $150,000.00. The multiplying number is usually determined by the severity of the harm and the likelihood that the injuries are permanent. The greater the harm and likelihood of permanent injuries increases the multiplier.
Another formula used by personal injury attorneys is to use a per diem formula. This is calculated by asking the jury or judge to assign a daily, weekly or monthly rate, to an injured person’s non-economic damages multiplied by how long a person will live if the injuries are permanent. Life expectancy tables are utilized to determine how long a person will normally live if the injury is permanent. For example, if $100.00 a day was used, the victim’s pain and suffering is multiplied by the number of days the jury thinks that the pain and suffering is likely to continue.
There are many factors that can go into how much pain and suffering will be awarded in a personal injury case. This also includes the location in which the injury occurs or where the trial is held, as some communities have a reputation for awarding more or less compensation.
Pain and suffering awards will be larger for more severe injuries as well as injuries that lead to a lasting impact on the plaintiff’s life. For example, an injury that prevents someone from working or enjoying daily activities will usually result in more pain and suffering compensation than an injury in which the plaintiff recovers from in a short amount of time. Generally speaking, the greater the harm caused, the larger the amount of compensation. The amount of compensation is an attempt to balance the harm caused to a person’s life.
If you or somebody you love has been injured due to the negligence of another person, you may need an attorney to help secure the compensation you deserve. Please contact Logeman, Iafrate & Logeman, P.C. for a free consultation.