How To Calculate Your Pain and Suffering In A Settlement
Personal injuries can be a hard and lengthy process for those involved, on top of dealing with the physical pain and complications that arise from an accident. Many victims feel overwhelmed with bills, settlement agreements, and more.
If you’ve been a victim of a car accident or personal injury, keep reading to figure out how to calculate your pain and suffering settlement.
Category of Damage
The first step in calculating your personal injuries is to know what kind of category of damage you fall into. The two main categories of damage are economic (special) damages and non-economic (general) damages.
To begin, special damages are losses that you’re able to calculate, like medical bills, property damages, lost income due to not working, and any other personal cost.
General damages can be harder to compute because they include physical pain, discomfort, and anxiety, depression, emotional distress, and other symptoms caused by accident.
How To Calculate Your Pain and Suffering Settlement
Calculating your specific compensation on general damages can be hard. But, most insurance companies use two methods for ensuring accurate compensations. The two methods for calculating your compensation are the Multiplier method and the Per Diem method.
A car accident lawyer will use this method when evaluating your case because of its specific requirements involving your personal injury.
The Multiplier Method
The Multiplier method works by adding all special damages and multiplying it by a second number between 1.5 and 5. The way the second number is chosen is by factoring in the gravity of your injuries, if the defendant was at fault, how quickly your recovery process would be, and more.
The Multiplier method is most used with insurance companies nationwide. The driving factor for how much your settlement will be is determined by the multiplier used (1.5-5). Arguing for a higher multiplier will ensure you get the most compensation, but the defendant’s insurance will argue for a lesser number.
It’s best to only strive for a high multiplier when these factors are involved.
- a long recovery process that lasts more than 6 months
- the defendant is undeniable at fault for the accident
- your injuries must be extensive and serious, like a bone fracture, tear, wound, or permanent injuries with future complications
- your injuries can be psychically seen or detected by a health professional
- diagnosis and treatment must come from a health professional
The Per Diem Method
The Per diem method works by arguing for compensation that reflects the number of days you had to live with the pain caused by your accident. But, with this method, you also have to argue for a reasonable dollar amount per day.
A great way to make sure your dollar amount is accurate and reasonable is to use your daily wages. In a car accident lawsuit, the Per diem method would work by calculating the victim’s daily wage and multiplying it by the number of days spent in pain.
For example, if the victim makes $35,000 per year, they’ll make $140 per day when you divide your salary by 250 working days per year. You would then multiply the daily wage rate ($140) by the number of days in pain you suffered. Let’s say the victim was in pain for 200 days; the final compensation would be 28,000 dollars.
Know that permanent or long-term injuries are harder to calculate with this method. You should seek a personal injury lawyer for a more in-depth look into your case.
Learning how to calculate your pain and suffering settlement can be a difficult time. If you have more questions, don’t forget to visit our website for a free evaluation. Because at the end of the day, you deserve to have peace of mind during these tough times.
I represent individuals in Missouri and Illinois in all types of personal injury cases. In my short time here I have obtained a judgment for $2.5 million and settled a large class action lawsuit for a confidential amount.
I love the city of St. Louis and support it and give back whenever I can. Recently I was appointed by Mayor Francis Slay to serve on the Advisory Board for the Gateway Mall.
I am married to my lovely wife Lauren and we have two beautiful daughters, Mia and Bridget.