If you have been injured in an accident, you may have heard the term “pain and suffering” when discussing compensation for such injuries or harms. Pain and suffering is a very broad term in a sense of understanding, so it is important to truly comprehend what it means, and more importantly how it is calculated within Tort/Personal Injury Law as a Dallas, TX personal injury lawyer can explain who has been rated by SuperLawyers..
What Is Pain And Suffering?
Pain and suffering is a type of non-economic damage, meaning it is compensation for losses that do not come with a direct monetary amount, but they do count as a type of personal injury. This differs from damages addressing things like medical bills or lost wages. Damages awarded from pain and suffering cover things such as;
- Physical pain from injuries
- Emotional distress
- Loss of enjoyment of life
- Anxiety, depression, or PTSD
- Scarring or disfigurement
- Chronic pain or long-term disabilities
By aiming to receive damages by way of pain and suffering, you aim to address how your injuries have affected your daily life, relationships, and mental well being. In doing so, the court can award a monetary value to you as a sense of compensation for the resulting “pain and suffering” your injuries may have caused.
How Is Pain And Suffering Calculated?
While there is no objective formula to calculate pain and suffering, two common methods are employed by insurance companies and attorneys to remain as consistent as possible within cases.
1. The first method is the Multiplier Method. This method employs a multiplying of your economic damages (like medical bills and lost wages) by a number between 1.5 and 5, varying based upon the severity of your injuries.
Minor injuries would likely be multiplied within a range of 1.5 to 2. Moderate injuries would be likely by 2 to 3. Severe or permanent injuries would likely be multiplied by 4 to 5, and even in some instances multiplied by greater than 5. An example of this would be an instance in which an individual had $20,000 in medical bills and lost wages. In this instance, their injuries were moderately serious and caused long term pain. So, using this method the $20,000 would be multiplied by 3 ultimately equaling $60,000 in pain and suffering damages.
2. The second method commonly employed is the Per Diem Method. This method assigns a daily dollar amount for each day you suffer from your injury or injuries until you reach maximum recovery.
For example, if you assign a $200 value per day it takes to fully recover, and it takes 100 days to recover, you would receive $20,000 in pain and suffering damages.
While the implications of each of the two methods have pros and cons, your attorney will choose the method that makes the most sense for your specific case.
What Does Pain And Suffering Look Like In Reality?
With a concept as intricate as pain and suffering it is important to understand what it looks like in reality. Here are some examples that outline what certain circumstances perpetuate in the context of analyzing pain and suffering.
Example 1 – Rear-End Car Accident
An individual is rear-ended at a red light. They suffer whiplash and a mild concussion. These injuries cause them to miss two weeks of work and further cause experiences of ongoing neck stiffness for several months.
Lets say economic damages caused by the accident would be equal to $6,000 due to medical bills and lost wages. In applying the Multiplier Method, their case would likely receive a multiplier of 2, ultimately causing total pain and suffering to equal $12,000.
This would make their total claim equal to $18,000.
Example 2 – Slip and Fall at a Grocery Store
An individual slips on a wet floor with no warning sign. This slip causes them to break their wrist forcing them to be unable to work for six weeks. This individual also has a hobby of playing the guitar, and will and injury as such, they are unable to for 3 months.
Lets say economic damages would be around $10,000 for medical bills and lost wages. By once again applying the multiplier method, it would likely be around 2.5 due to the lifestyle impact of the injury. This would ultimately cause pain and suffering to equate to $25,000.
With such calculations, their total claim would be equal to $35,000.
Example 3 – Bicycle Accident with Long-Term Effects
An individual is hit by a car while riding their bike. They suffer a fractured hip, and are forced to undergo surgery as a result. This injury forces them to have to walk with a cane for a year, and deal with depression related to the injury.
Economic damages would be $40,000 for medical bills and lost wages. Due to the emotional toll of the injury, along with the long term effects of surgery, the pain and suffering multiplier would be likely equal to 4.5. This is reflective of the overall implications of the injury and their long term severity. With such analysis, pain and suffering would be calculated to be $180,000.
This makes their total claim to be $220,000.
Pain and suffering is a deeply personal and complex subject. Two people can experience the same injury very differently. That is why it is important to have an experienced personal injury attorney in your corner. At Brandy Austin Law Firm we will take the time to understand your life, your pain, and fight for what your experience is worth — and we will help you file your personal injury claim. Contact one of our lawyers today who has been rated 10.0 by Avvo.
