If you take a tumble off your bike when you’re out for a ride, you’ll need to pay for your visit to urgent care. If someone rear-ends your car, causing you to suffer whiplash, you shouldn’t have to pay for your ER bills, X-rays, and physical therapy. That is what the at-fault driver needs to pay. Often, the damage from an accident goes beyond car repairs and medical bills. You are entitled to seek compensation for your pain and suffering. How are those damages calculated in a lawsuit? There are a lot of factors that go into these calculations. Suppose you find yourself in a scenario where you’re due compensation. In that case, you owe it to yourself to speak with an experienced personal injury lawyer. They will be in the best position to guide you on how to arrive at a fair and reasonable amount.
Understanding Pain and Suffering Compensation
When you discuss damages with your attorney, you will be working with these three distinct categories:
- Economic
- Noneconomic
- Punitive
The economic damages are the easiest to calculate. Those would be all your injury’s current and future medical bills. They also include the repair or replacement of your car. You can also include things like special transportation, rental cars, and mobility supplies like crutches or wheelchairs. The pain and suffering are not as quantifiable. You need to identify some of the key elements that would fall into this category, such as the following:
Physical Pain
Have you ever strained your back from lifting something heavy? It can cause a lot of discomfort at work. When you get home, you might find relief by resting and putting a heating pad on. Suppose that kind of pain was happening because of your accident injuries. What if that pain lasted more than one day? That is part of your pain and suffering.
Emotional Distress
The immediate injury in an accident is physical. What follows could be a form of emotional distress not unlike post-traumatic stress disorder (PTSD). As explained by the Mayo Clinic, “PTSD is a mental health condition that’s caused by an extremely stressful or terrifying event — either being part of it or witnessing it. Symptoms may include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the event.” This can manifest in forms of anxiety, depression, and general stress, all contributing to the diminishment of your quality of life.
Lifestyle Disruptions
If your injuries prevent you from returning to your daily routines, such as hobbies, exercise, or sports participation, those should be factored into your pain and suffering calculations.
Options for Calculating Damages
There is a framework that insurance companies and courts accept when calculating damages in a personal injury claim. You can either use the multiplier or per diem method.
The Multipliers Method
To utilize the multiplier method, you would total up your economic damages. Those are all the damages that can be backed up by a receipt or bill. Then you would apply a multiplier between 1.5 and 5. The multiplier is determined by the severity of your injuries and how it might impact your life going forward. Once you agree to the multiplier number, multiply that by your economic damages. For example, suppose your economic damages total $25,000 and your multiplier is 3. That would mean you’re asking for $75,000 for your pain and suffering for a total of $100,000.
The Per Diem Method
The per diem method calculates the value of your pain and suffering at a daily rate. This could be based on something as simple as your daily wage. That number is multiplied by a fixed amount of “days” that you’ve suffered. In discussions with your attorney, you can run the numbers using both methods to determine which is fair to your needs.
Punitive Damages
The final category of potential damages in a personal injury is punitive damages. These damages are not based on what you’ve lost but on the negligence caused by the at-fault party. Punitive damages are typically awarded in civil lawsuits by a jury. In Montana, there is a cap on the amount of punitive damages you can be awarded in a personal injury lawsuit. That cap is set at 3% of the net worth of the at-fault party up to $10 million. The Montana legislature also set a cap for pain and suffering for medical malpractice at $250,000 and for punitive damages at $500,000.
Get the Right Help
As you can see, there are a lot of computations to factor into your damage calculations. All of those numbers need to be backed up with the right documentation and evidence. That is where the attorneys at Western Justice Associates, PLLC, will be a big help. We have supported many clients with their claims and have helped them achieve the maximum benefits they are due. You don’t have to be overwhelmed by the damage amounts when help is standing by.