How Is Pain and Suffering Calculated?

Let's Get Started
On Your Case

woman in distress

Pain and suffering relates to the physical and mental agony that you were left to suffer through in the aftermath of your personal injury accident. It is a type of non-economic damage that cannot be easily translated into a monetary value. However, you may rest assured knowing that it is still possible to claim and receive a financial award for your pain and suffering in your personal injury lawsuit and insurance claim alike. Follow along to find out how pain and suffering is typically calculated and how a proficient Leonardtown personal injury lawyer at The Dorsey Law Firm can work to ensure that you are fairly compensated.

How is pain and suffering calculated in a personal injury lawsuit?

Upon filing your personal injury claim, you and your lawyer must work together to disclose an accurate amount of damages you experienced as a direct result of your pain and suffering. One way to do this is by using the multiplier method. Specifically, this method takes the total amount of economic damages you incurred (i.e., lost wages, medical bills, etc.) and multiplies it by a factor ranging from one to five. The factor you select may depend on how severe you believe your suffering is.

Another method you may adopt is a per diem approach. With this, you may calculate a certain amount of financial aid you require per day to fully cope with your pain and suffering (i.e., $100 per day). Such aid may be provided every day until you reach a full recovery.

How does an insurance company calculate this non-economic damage?

Understandably so, you may pursue an insurance claim before considering legal action. It is worth mentioning that your insurance company may not adopt the multiplier method or per diem approach when calculating your pain and suffering. Rather, your provider likely uses their own computer program to determine how much you should receive. Without knowing exactly how they reach this calculation, they will likely offer you the lowest payout possible, if anything at all.

For this reason alone, you must supplement your insurance claim with sufficient proof that points to the severity of your pain and suffering. Namely, you may supply medical documents and bills that demonstrate how long you have and will have to suffer through your bodily injuries, along with how debilitating your injuries are. Also, you may provide a note from your mental health provider that discloses your diagnosis and the prescriptions you need to take to manage it.

All in all, to ensure you are fairly compensated for your pain and suffering, you must turn to a talented Leonardtown personal injury lawyer. So please get in touch with us at The Dorsey Law Firm as soon as you get a free chance.