5 Ways Pain and Suffering Damages Are Calculated
Sometimes compensation isn’t just about covering medical bills. Pain and suffering damages are also an essential part of certain FL personal injury settlements. These damages address the physical pain, emotional distress, and life disruptions caused by the accident.
Unlike medical expenses, which have clear price tags, pain and suffering is more subjective. It’s important to work with a Port St. Lucie Personal Injury Lawyer to understand how insurance companies and courts calculate these damages. One of the following five common methods could be part of the process.
#1 The Multiplier Method
The most widely used method is the multiplier method. In this approach, the total amount of your economic damages, like medical expenses and lost wages, is multiplied by a number (typically between 1.5 and 5). The more severe and life-altering your injuries, the higher the multiplier.
For example, if your economic damages total $50,000 and your injuries are serious, the insurance company might use a multiplier of 3, calculating your pain and suffering damages at $150,000.
#2 The Per Diem Method
The per diem method assigns a daily rate to your pain and suffering from the day of the injury until you reach maximum medical improvement (MMI). So, if your daily pain and suffering is valued at $200 per day and your recovery lasts 180 days, your pain and suffering damages would total $36,000.
The per diem amount is usually based on factors like your daily pain level, restrictions on your lifestyle, and your ability to work or engage in regular activities.
#3 Using Comparable Case Settlements
Attorneys and insurance adjusters may compare similar cases to help determine an appropriate pain and suffering award. If someone in Port St. Lucie with a similar injury and circumstances recently received a specific settlement amount, that can help establish what may be considered fair in your case.
#4 Reviewing Medical and Psychological Reports
Detailed medical records and psychological evaluations are also used to help quantify pain and suffering. Documentation that shows long-term pain management, consistent therapy, or diagnosed conditions like PTSD can strengthen the argument for higher pain and suffering compensation.
#5 Jury Discretion
In cases that go to trial, pain and suffering damages are often left to the discretion of the jury. Jurors may be swayed by the injured party’s testimony, medical evidence, and visible effects of the injury on daily life. Compelling, honest accounts of your suffering helps the jury fully understand the impact of the injury.
Pain and suffering damages are a crucial part of many injury claims, but calculating them is not always straightforward. Insurance companies often undervalue these damages, so it’s essential to have an experienced Port St. Lucie Personal Injury Lawyer who can advocate for full and fair compensation.
Where are you connecting with mental health treatment? A skilled attorney will know which calculation method best applies to your Port St. Lucie, Fort Pierce, Stuart, or Vero Beach case. To have skilled legal expertise supporting your claim, speak with the attorneys at Leifer & Ramirez. Call 561-660-9421 to schedule a confidential consultation.
