Calculating pain and suffering in personal injury settlements is a complex but crucial aspect of ensuring victims receive fair compensation for their physical and emotional hardships after the negligence of another causes them to suffer losses. Unlike economic damages, like medical bills or lost wages, pain and suffering is a damage that refers to the non-economic impact of an injury. This can include physical discomfort, emotional distress, and diminished quality of life. Determining the value of these damages involves examining the unique factors of the case, following legal guidelines, and having a trusted lawyer who can negotiate for the fair compensation you deserve. By understanding how pain and suffering is calculated in a personal injury case, victims can better advocate for a settlement that reflects the full extent of their losses.
At Callahan & Blaine, we understand that pain and suffering can significantly impact your life after an injury. With over 40 years of experience and a history of securing record-breaking verdicts, including the largest personal injury settlement in U.S. history, we are well-equipped to help clients pursue fair compensation for both physical and emotional harm. Our skilled attorneys carefully evaluate the unique details of each case to ensure your pain and suffering are accounted for in your settlement. Trust our team to advocate for the compensation you deserve.
How to Calculate Pain and Suffering After Being Injured in a Personal Injury Accident
Calculating pain and suffering after a personal injury accident can feel overwhelming, especially when you are already dealing with physical pain and emotional stress. Unlike medical bills or lost wages, pain and suffering damages compensate personal injury victims for the intangible impacts of their injury. This may include chronic pain, anxiety, or a diminished quality of life.
While there is not a universal formula that is used to calculate pain and suffering for personal injury settlements, methods like the multiplier approach or the per diem method are commonly used to determine a fair value. A trusted personal injury lawyer can help you understand how these calculations work and empower you to seek the fair compensation you deserve.
The Multiplier Method
The most common method for calculating pain and suffering is the multiplier method. This method entails your attorney adding up any economic damages, like medical bills or lost wages, and multiplying by a multiplier based on the severity of your pain and suffering. The multiplier is typically between 1.5 to 5. The higher multipliers are used for more severe injuries, like traumatic brain injuries, and significant impacts on quality of life.
The Per Diem Method
This method involves assigning a daily value to the pain and suffering a personal injury victim is experiencing. Once this value is specified, the next step is to then multiply that by the number of days the injury victim experienced the pain.
When you retain the legal counsel of a trusted personal injury lawyer for your California case, they can help you determine which method may be better to help you secure the best possible settlement regarding pain and suffering and other losses you may have suffered due to another party’s negligence.
What Factors Are Considered When Calculating Pain and Suffering Compensation?
Each case is unique in how certain factors may impact the outcome of the compensation injury victims may be eligible to collect. When calculating pain and suffering, a personal injury lawyer may consider the following factors:
- Severity of Injuries: This is the most significant factor that may impact either the multiplier or per diem rate when determining pain and suffering.
- Impact on Daily Life: How a victim’s injuries have affected their ability to work, perform daily activities, and enjoy life, will be taken into consideration.
- Emotional Distress: The level of emotional and psychological trauma experienced due to the personal injury accident will be a big determining factor in how pain and suffering is calculated.
- Medical Documentation: Examining detailed medical records and reports can help a personal injury lawyer distinguish the severity of a victim’s injuries.
- Witness Testimony: Statements from witnesses regarding the accident can help support evidence of the pain and suffering a victim has suffered due to the accident.
To ensure you are able to pursue the best possible settlement for your California personal injury case, contact a trusted lawyer today.
Why Choose Callahan & Blaine to Pursue Pain and Suffering Compensation?
Calculating pain and suffering in a personal injury case requires experience, precision, and a thorough understanding of legal methods. At Callahan & Blaine, we have over 40 years of success in securing substantial settlements and verdicts for our clients, including the largest personal injury settlement in U.S. history. With over 700 years of combined legal experience, our attorneys are equipped to evaluate the unique details of your case, ensuring your physical pain and emotional suffering are fully considered.
Do not settle for less than you deserve. Trust our proven team to fight for a fair settlement that reflects the full impact of your injuries. Contact Callahan & Blaine today at (714) 241-4444 or fill out our contact form to take the first step toward justice.
