Individuals who have been in an accident may suffer from emotional, physical, and psychological injuries. These can be categorized as “damages” and are meant to compensate the accident victim for the hardships that ensued. Pain and suffering is one type of damage that individuals can recover in personal injury claims. In this article, we will discuss what pain and suffering damages are, the ways in which it is calculated, and how they are proven.
What is Pain and Suffering?
Pain and suffering is a type of damage in personal injury law that seeks to compensate accident victims for the physical discomfort and emotional distress that results from the injury. This may include psychological impacts such as anxiety, depression, and a diminished quality of life, as well as the physical pain endured. These types of damages are regarded as non-economic due to their intangible and subjective nature. Furthermore, pain and suffering damages cover the long-lasting effects of the injury, making it difficult to assign an exact monetary value. Fortunately, however, there are two ways in which pain and suffering damages are commonly calculated – the Per Diem Method and the Multiplier Method – which we will further discuss.
Per Diem Method
The Per Diem Method is the first way in which pain and suffering damages can be calculated. In this method, a daily rate is established and is applied each day the injured person experiences pain and suffering from the accident until they recover or reach maximum medical improvement. This rate is created based on factors such as the accident victim’s daily wage or an estimated reasonable amount for the pain and suffering endured each day. This daily rate is then multiplied by the number of days the victim suffered the pain or emotional distress. While the Per Diem Method offers a structured approach, it can be difficult to determine a reasonable daily rate, particularly for injuries that are life-lasting.
An example of the Per Diem Method:
There is a daily rate of $300 and the victim is in pain for 100 days, resulting in pain and suffering damages of $30,000.
Multiplier Method
The next type of method is known as the Multiplier Method. This method uses a multiplier, typically between 1.5 and 5, which is then applied to the total amount of economic damages, such as lost wages and medical bills. Generally speaking, the severity of the injury suffered determines what the multiplier is, with more serious injuries having a higher multiplier.
An example of the Multiplier Method:
An accident victim has $20,000 in medical bills and a multiplier of 3 is chosen, resulting in pain and suffering damages of $60,000.
Proving Pain and Suffering Damages
Due to the subjective and intangible nature of pain and suffering damages, they can oftentimes be difficult to prove. However, a Renton personal injury attorney can help gather pertinent evidence to create a strong claim on your behalf. Some types of evidence that may be used to prove pain and suffering damages include:
- Medical records
- Photographs
- Videos
- Personal Testimony
- Expert testimony
- Doctor’s notes
- Psychological evaluations
