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How To Calculate Pain And Suffering Damages

Submitted by rtg on

If you were injured due to another person’s negligence you may be entitled to compensation for pain and suffering. When you suffer an injury or permanent disability that was caused by someone else you can file a personal injury claim against that person and you may be awarded money for your medical bills, lost wages, and for pain and suffering.

Types of Pain and Suffering

When judges award victims money for pain and suffering they consider both physical and mental pain and suffering.

Physical pain and suffering are related to your injury. If you are in pain now and will continue to be in pain for a long time, or for the foreseeable future, a judge may award you compensation for your suffering and the loss of your ability to do certain things.

Mental pain and suffering like generalized anxiety disorder, depression, and PTSD also can be the basis for being awarded compensation for pain and suffering. It’s very common for people who have been injured to develop PTSD or anxiety that affects their ability to work and live.

How Pain and Suffering is Calculated

There are a couple of different ways that a judge can calculate what fair compensation for pain and suffering is based on the particular facts of your situation. One of those ways is the per diem method.

Using the per diem method the judge will assign a dollar amount for each day that you experience pain and suffering and then multiply that by the number of days that you have been experiencing pain and suffering.

For example, if you were injured 60 days ago and the judge decides your suffering is worth $50 per day you would be awarded $3000 in pain and suffering.

The judge could also use the multiplier method to calculate pain and suffering. The multiplier method means that the judge will add up all of your costs related to the injury like your medical bills, therapy costs, lost wages, insurance co-pays, and any other expenses, including future costs, and multiply the entire amount by a value between 1.5 and 5. The multiplier number depends on the severity of your injuries.

How to Prove Pain and Suffering

In order to receive compensation for pain and suffering you must prove that you have a serious injury that has caused pain and suffering and may continue to cause pain and suffering in the future. To do that you will need to provide evidence like:

  • Medical records
  • Photos and videos
  • Witness statements
  • Doctor’s statements
  • Testimony from yourself, family, and friends explaining how the injury has affected you
  • Detailed information about your injury, your prognosis, and any possible disability you may experience.

When you are submitting a personal injury claim and want to make sure you get full compensation for pain and suffering you should speak with a personal injury attorney. An experienced personal injury attorney can help you get all of the money you’re entitled to for pain and suffering.

Contact a Personal Injury Attorney

A personal injury attorney has the experience and skill to help you build your case. They can help you gather evidence and make the most compelling argument possible to make sure you are fairly compensated for pain and suffering. And you don’t have to pay anything upfront to speak with a personal injury attorney.

Fill out the Free Case Evaluation now to get connected with an independent personal injury attorney who subscribes to the website and may be able to help you with your case.