If you’ve been hurt because of something someone else did, that person could owe you compensation for the pain and suffering they made you endure. Understanding how to calculate pain and suffering compensation can help you maximize your financial recovery. Another way is to work with an experienced personal injury attorney who can build a compelling claim for these damages.
What Are Pain and Suffering Damages?
Pain and suffering compensation provides financial relief to an accident victim for the physical and emotional discomfort their injuries caused them. Pain and suffering compensation can provide money for:
- Physical pain and anguish caused by injuries and subsequent medical treatment (such as surgeries)
- Emotional distress or mental anguish from the accident and resulting injuries/disabilities
- Reduced quality of life for the ways any disabilities or disfigurement/scarring interferes with daily tasks or favorite activities
What Factors Are Considered When Calculating Pain and Suffering Damages?
Different factors can affect the dollar value of pain and suffering damages in a personal injury claim, including:
- The type and severity of injuries suffered
- Whether the injuries resulted in permanent disabilities, health complications, or visible scarring/disfigurement
- The duration of medical treatment and rehabilitation, as well as the types of treatment performed
- Whether injuries or disabilities required the accident victim to take time off work or prevented them from returning to their job
- Whether injuries or disabilities have interfered with the accident victim’s daily life or activities
How Do Courts Calculate Pain and Suffering?
In personal injury cases that go to trial, courts instruct juries that they have the discretion to decide a fair and just dollar figure for the injured party’s pain and suffering. Juries must use their judgment and common sense to evaluate the evidence and determine a reasonable amount for pain and suffering.
However, parties negotiating an out-of-court pain and suffering settlement do not have the benefit of a jury’s discretion. Instead, they may rely on various formulas to help guide pain and suffering calculation. Two common methods for calculating pain and suffering compensation are the multiplier and per diem methods.
In the multiplier method, negotiators multiply the amount of the injured person’s economic losses (e.g., medical bills and lost wages) by a factor between 1.5 and five to arrive at a final figure. More severe injuries and disabilities warrant a higher number. In the per diem method, the injured person receives a fixed amount of money for each day their physical recovery lasts.
Because mathematical formulas have limitations, negotiators should use them only as a starting point to discuss a reasonable amount of compensation for pain and suffering based on the facts of the case.
Contact Our West Virginia Personal Injury Lawyers for Help
The aftermath of a serious injury can be challenging, and you deserve fair compensation for the pain and trauma you’ve suffered. The team with Robinette Legal Group, PLLC, wants to help you get it. Contact us today for a free, no-obligation consultation with a West Virginia personal injury attorney to discuss your legal options for pursuing a pain and suffering claim.
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