How Personal Injury Lawyers Calculate Pain and Suffering Damages
June 23, 2023
When it comes to calculating pain and suffering damages in a personal injury case, the process can often be difficult to understand. How does a personal injury lawyer go about finding the right compensation for their client's suffering? To help clarify this process, we will explore the following: what pain and suffering damages are, how personal injury lawyers calculate them, and why it's important to find the right amount of compensation.
What are Pain and Suffering Damages?
Pain and suffering damages are financial compensation for the physical, emotional, and mental suffering of a person who has suffered an injury due to the negligence of another. These damages are usually non-economic damages, meaning they are not directly related to an economic loss. For example, if a victim is in a car accident and suffers a broken arm, they would be entitled to damages for their medical bills, but they would also be entitled to damages for the pain and suffering they experienced due to the accident.
How do Personal Injury Lawyers Calculate Pain and Suffering Damages?
When calculating pain and suffering damages, personal injury lawyers must first assess the severity of the injury. This involves looking at the type of injury, how long it took to heal, and what long-term effects it may have on the victim's life. Personal injury lawyers also look at evidence gathered during the lawsuit such as medical reports, photographs, and testimony from witnesses.
In addition to assessing the severity of the injury, personal injury lawyers must also assess the victim's suffering. This includes looking at the emotional and mental distress the victim has experienced, as well as any changes in their lifestyle that have occurred as a result of the injury. It also includes looking at the victim's daily activities before and after the injury.
Finally, personal injury lawyers use a technique called the “multiplier method” to calculate the amount of pain and suffering damages. This method involves multiplying the victim's economic losses (medical bills, lost wages, etc.) by a factor that represents the severity of the injury. For example, a broken arm may be worth a multiplier of two, while a more severe injury might be worth a multiplier of five or more.
Why is Calculating Pain and Suffering Damages Important?
Calculating pain and suffering damages is an important part of the personal injury lawsuit process because it ensures that victims receive fair and just compensation for their suffering. Without this type of compensation, victims may be unable to pay for medical bills and other costs associated with their injury, leaving them in a state of financial hardship. Pain and suffering damages also send a message to negligent parties that their actions have consequences and that they should be held accountable for their actions.
In conclusion, personal injury lawyers use a variety of methods to calculate pain and suffering damages. These damages are important because they ensure that victims are fairly and justly compensated for their suffering. It is important for personal injury lawyers to understand these methods and to ensure that their clients receive the full amount of damages they are entitled to.