If you've suffered an injury in an accident that wasn't your fault, you may wonder how much your case is worth. A big part is putting a dollar amount on your "pain and suffering." But what does that even mean? How do personal injury lawyers determine how much your physical and emotional pain is worth in a lawsuit?
Keep reading to find out, and don't forget. If you've suffered an injury, the most important thing you can do is contact an experienced Escondido personal injury attorney immediately to discuss your rights and options.
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What Counts as "Pain and Suffering"?
First, discuss "pain and suffering" in a legal case. After an accident, you probably have doctor's bills and maybe lost earnings if your injuries kept you out of work. Those are pretty easy to add up. However, accidents can cause more harm than medical bills and time off work. "Pain and suffering" means the physical pain and emotional distress you've experienced because of your injuries.
A fractured bone or back injury can be agonizing and limit your life for months. A scar can be a permanent reminder of a traumatic event. Anxiety, depression, insomnia, and post-traumatic stress disorder are common after a bad accident.
Maybe your injuries made it hard to do things you used to enjoy, like play with your kids or participate in sports. Perhaps you've experienced permanent disfigurement or disability. Even if something didn't cause a direct financial cost, it still matters, and personal injury lawyers fight to get you compensation for it.
How Do Personal Injury Lawyers Calculate Pain and Suffering Damages?
You may think, "That makes sense, but how do you put a dollar amount on pain?" It's a good question, and the truth is, there's no one simple, definitive answer.
Calculating pain and suffering damages is often difficult and depends on the individual circumstances of each case. However, there are some common approaches personal injury lawyers use to figure out how much to demand from the insurance company.
The Multiplier Method
Personal injury lawyers commonly value pain and suffering through the "multiplier method." The lawyer adds up your economic damages (medical bills, lost income, etc.) and then multiplies that total by one and a half to five, depending on how bad your injuries are. For example, if you had $50,000 in medical bills and lost income, and your lawyer used a multiplier of three, your pain and suffering damages will be $150,000, and your total damages will be $200,000.
The more severe, long-lasting, and life-changing your injuries, the higher the multiplier. For minor injuries that didn't significantly impact your life, you might use a multiplier of one and a half to two. The top multiplier of five is usually reserved for the most catastrophic, permanently disabling injuries.
Most cases fall somewhere in the middle. Ultimately, it comes down to your lawyer's experience and professional judgment to choose the right multiplier for your case.
The Per Diem Approach
Another way personal injury attorneys sometimes calculate pain and suffering is the "per diem" (meaning "per day") approach. Using this method, your lawyer assigns a dollar amount to each day you suffered from the accident until you reach maximum recovery. Your lawyer determines that $200 a day is reasonable for your pain and suffering, and you took 300 days to recover. Your pain and suffering damages will be $60,000.
Coming up with the right daily rate is key and depends a lot on the details of your case. One common tactic is to use your actual daily earnings. The idea is that dealing with the pain and negative impacts of an accident each day is at least comparable to the effort of going to work each day. Some lawyers will increase the daily rate if your pain is particularly severe or if you cannot do activities you previously enjoyed.
Other Factors Personal Injury Lawyers Consider
We've discussed two ways personal injury lawyers often calculate pain and suffering damages. However, the final amount depends a lot on the unique factors of your case.
Here are some other things lawyers consider:
- The severity of your injuries: The worse your injuries, the higher your pain and suffering damages. Catastrophic injuries like brain damage, paralysis, loss of a limb, or severe burns justify much higher awards than injuries like whiplash or bruising.
- How your injuries impacted your daily life: If your injuries significantly disrupted your ability to work, take care of yourself, do housework, play with your kids, participate in hobbies or sports, be intimate with your partner, or otherwise live a normal life, your lawyer will demand higher pain and suffering damages.
- Whether your injuries are permanent: If your injuries healed completely, that usually means less pain, and you suffer greater damage if you have a permanent impairment. Chronic pain or lifelong limitations because of the accident. Permanent, life-changing injuries warrant the highest awards.
- The strength of your evidence: It's not enough to say you're in much pain - you need evidence to prove it. Medical records, photos of injuries, testimony from doctors, and statements from friends and family can all help show what you've gone through. The more evidence you have to support your pain and suffering, the more likely you will get fair compensation.
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Other Types of Damages Besides Pain and Suffering
In addition to pain and suffering, there are a few other types of damages personal injury lawyers may pursue, depending on the facts of your case:
- Loss of consortium: If your injuries negatively impact your relationship with your spouse, they can get compensation for "loss of consortium," which means the loss of companionship and intimacy. Some states also allow loss of consortium claims for the impact on your relationship with your children.
- Loss of enjoyment of life: Separate from pain and suffering, in some states, you can get damages for "loss of enjoyment of life" or "hedonic damages." This compensates for the joy and fulfillment you've lost from the accident.
- Punitive damages: In rare cases involving reckless or intentional conduct, the court may award "punitive damages" on top of other compensation. The goal of punitive damages is to punish the wrongdoer and deter similar conduct rather than to compensate you.
How Do Personal Injury Lawyers Justify Their Pain and Suffering Demand to the Insurance Company?
We've talked about how personal injury lawyers calculate pain and suffering damages, but how do they get the insurance company to pay up? A lot goes on behind the scenes that you may not be aware of.
Here's what your personal injury lawyer is doing to fight for the best possible outcome in your case:
- Gathering evidence: Your lawyer focuses on building the strongest case possible from day one. That means gathering evidence of your injuries and what you've gone through. Medical records, photographs, professional testimony, and your story are all key. At the same time, your lawyer is also looking for evidence that the other party is at fault for your injuries.
- Preparing a demand package: Once your lawyer has a good idea of the full extent of your damages, including pain and suffering, they'll send the insurance company a "demand package." This includes a demand letter explaining your case and how much your lawyer believes your case is worth, along with copies of your medical records and other evidence. The demand package is often the starting point for settlement negotiations.
- Emphasizing the emotional impact: Your lawyer knows that the more effectively they can convey your pain and suffering to the insurance adjuster, the better the settlement offer will be. They may have you write your letter explaining how your injuries impacted your life or have your friends and family submit statements, too. The goal is to help the adjuster understand what you've been through on a human level.
- Negotiating aggressively: Insurance companies always want to pay as little as possible. They may push back on your lawyer's initial demand or try to poke holes in your case. However, experienced personal injury lawyers are skilled negotiators ready for these tactics. Your lawyer will negotiate aggressively and strategically until the insurance company makes a fair offer or it becomes necessary to file a lawsuit.
Factors That Affect Pain and Suffering Settlements
We've talked about how personal injury attorneys calculate pain and suffering damages, but it's important to understand that there's no guarantee you'll receive a certain amount.
Several factors can affect the final settlement or jury verdict in your case, including:
- Limits on damages: Some states have laws that limit or "cap" certain damages in personal injury cases, including pain and suffering. For example, a state may have a $250,000 limit on non-economic damages in medical malpractice cases. Your lawyer can explain any damage caps that may apply to your case.
- The other party's insurance coverage: You can usually only recover up to the other party's insurance policy limits. So even if your lawyer thinks your case is worth $500,000, if the defendant only has a $100,000 insurance policy, that may be the most you can get. However, an experienced lawyer will look for other potential sources of compensation, like your own uninsured/underinsured motorist coverage.
- The strength of your case: If you have strong evidence that the other party is entirely at fault and your injuries are severe, the insurance company is more likely to settle for a higher amount. But if there are questions about who is to blame or the seriousness of your injuries, they may fight harder and offer less. Your lawyer will work to build the strongest case possible.
- Venue: Believe it or not, the location of your case can affect your compensation. Some areas have "plaintiff-friendly" juries that award high damages, while others tend to be more conservative and less generous with awards. Personal injury lawyers may consider the venue when valuing your case.
- Your characteristics: Fair or not, insurance companies and juries often consider factors like age, occupation, likeability, and prior medical history when deciding on pain and suffering damages. An experienced lawyer knows how to emphasize the factors in your favor and downplay or explain anything considered negative.
Why You Need a Personal Injury Lawyer to Get Fair Compensation for Pain and Suffering
We've covered a lot of ground in this article. Still, if there's one key takeaway, it's this: To get full and fair compensation for your pain and suffering after an accident, you need an experienced personal injury lawyer.
Here's why:
- Knowledge of the law: Pain and suffering damages depend entirely on your case's facts and state law. An experienced personal injury lawyer knows the relevant laws and what it takes to prove damages in court.
- Access to professionals: To build a strong case, your lawyer may need to hire medical professionals, accident reconstructionists, life care planners, economists, and other professionals. These professionals can help put a dollar value on your pain and suffering and make your case more compelling to the insurance company or jury.
- Aggressive negotiation skills: Insurance companies often make lowball settlement offers, hoping injury victims will accept less than they deserve. Personal injury lawyers are professional negotiators who will fight for a settlement that fairly compensates you.
- Willingness to go to trial: While most personal injury claims settle out of court, sometimes getting justice is necessary. If the insurance company refuses a fair settlement offer, you need a lawyer ready and willing to argue your case before a judge and jury.
- No upfront cost to you: Most personal injury lawyers work on a "contingency fee" basis, which means you pay nothing upfront, and the lawyer only gets paid if they win money for you.
Hurt in an Accident? Contact a Personal Injury Lawyer Today
If you've suffered an injury in an accident, the smartest thing you can do is talk to an experienced personal injury lawyer as soon as possible. Don't try to go through the legal system or deal with the insurance company alone. A knowledgeable lawyer will protect your rights, build your case, and fight to get you the maximum possible compensation for your medical bills, lost income, pain and suffering, and other damages.
The consultation is free, and you pay nothing unless you win, so you have nothing to lose by reaching out. Contact a personal injury lawyer today to discuss your case and legal options.
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