How a Car Accident Attorney Calculates Pain and Suffering
February 11, 2020 – Adam Mann
Car accidents can be very traumatic experiences. They are often sudden, jarring, and loud. These crashes, although accidental, can leave the victim(s) with very serious injuries such as whiplash, broken bones, and more. Car accidents can have an emotional toll as well. It is not uncommon for a car accident victim to develop post-traumatic stress disorder or anxiety. If these damages are proven to be the result of another party’s neglect, the victim may receive compensation from the negligent party.
In Florida, victims are entitled to compensation for both monetary and non-monetary damages. Monetary damages typically include medical bills and lost wages during injury recovery. These damages usually come with receipts or bills, and are easily calculable. Conversely, non-monetary damages are not so easily calculable. One such damage is Pain and Suffering. Pain and Suffering, simply put, is the damage to the person of having to “go through” the injury. It goes beyond medical bills and wages, and looks at the human element of the injury. Rather than reimbursing the victim for their costs, pain and suffering damages grant the victim what is fairly owed to them. But how do attorneys place a value on something so personal?
To calculate the damages awarded for pain and suffering, insurance companies, attorneys, and the court system take multiple factors into account, including:
- The severity of the victim’s injuries
- The degree of negligent behavior by the defendant (the person being held responsible for the accident)
- The pain and overall discomfort associated with the type of injury
- The implications of the injuries on the victim’s life
- The length of the healing process
- The immediate and continuing medical treatments for the victim
- The eventual outcome of the injury
Two common methods for calculating pain and suffering are the Multiplier and Per Diem methods. These methods are not used in every case, but rather depending on the circumstances and severity of the accident and injury. The multiplier method starts with the economic costs of the personal injuries (medical bills, lost wages, etc.) and multiplies it by a number between 1.5 and 5, the resulting number is the amount awarded for pain and suffering, which is added to the total. The Per Diem method awards the victim with damages for every day they suffered injuries from the accident up until the date of “maximum medical improvement”. Maximum medical improvement is when the victim is totally healed or it is determined that their health cannot improve any more than already achieved.
If you were recently injured in a car accident, you may be entitled to receive pain and suffering damages. Call our offices today at 1-800-33-COHEN for a free consultation. One of our expert attorneys will listen to your story and work out the best strategy to move forward. In the meantime, check out our numerous articles on car accidents to learn more about applicable laws and the best steps to protect yourself.
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