How Is Pain And Suffering Calculated In Personal Injury?

When you are hurt because of another person’s malice or negligence, you can receive compensation in a personal injury claim. Learn about pain and suffering calculations below, and speak to our Illinois personal injury lawyer at I Am Calling My Lawyer if you want to discuss your case.

What Are Pain And Suffering Damages?

Pain and suffering is a common phrase in personal injury cases, but what is its meaning? Pain and suffering is a type of non-economic damage stemming from an accident that you can receive for the physical discomfort you experience from your injuries. Some potential elements of pain and suffering for your injuries may include:

• The physical pain and discomfort you suffer from the injuries.
• The emotional and psychological trauma caused by the accident and injuries.
• The loss of quality of life you have from your injuries.
• Scarring and disfigurement, such as burn injuries.
• Loss of consortium and companionship because of injuries.

Calculating Pain And Suffering Damages

Determining your pain and suffering damages is not as simple as adding medical bills and lost wages. There is no objective way to decide what pain and suffering in a personal injury claim is worth. This means the judge or jury has to consider various factors to assign a monetary value to your pain and suffering. Some of the things that the judge or jury might consider when considering this part of a claim are:

• How severely you were injured
• How long you endured pain and suffering
• The impact your injuries have had on your life
• Your age and health
• The degree to which the defendant was responsible for the accident

For the most part, the more severe and life-changing your injuries, the more received for pain and suffering. For example, suppose you were T-boned at a red light and suffered head trauma and a broken neck. You are partially paralyzed and have trouble with speaking and understanding speech. Your pain and suffering damages would be substantially greater than if you broke your arm and leg in the accident.

The Multiplier Method

A common way to calculate pain and suffering compensation is the multiplier method. With this method, the insurance company could add up your economic damages – such as medical bills and lost earnings – and multiply that by a number between 1 and 5.

Suppose you receive $100,000 in economic damages after your car accident. If the insurance company uses a 3 multiplier for your pain and suffering, this would provide $300,000 in pain and suffering damages.

Per Diem

Another way the insurance company might determine pain and suffering damages is the per diem method. This means the insurer assigns a dollar value to every day you endure pain and suffering. If the pain and suffering is worth $400 per day and the period is one year, the pain and suffering award would be approximately $146,000.

Pain and suffering damages are always subjective, and you can expect the insurance company to try to pay as little as possible. Therefore, securing the services of an experienced personal injury attorney is vital to fight for your rights.

Speak To Our Illinois Personal Injury Attorney Today

If you were hurt in an accident caused by another party, you could receive compensation in a personal injury lawsuit. Contact our Illinois personal injury attorney at I Am Calling My Lawyer for help at (888) 841-4878.