As the victims of car accidents suffer from the injuries, they also suffer from emotional distress type of injuries along with them. It can sometimes be difficult to put a value on these non-monetary injuries. Knowing how these damages are determined is important for anyone who has experienced such events. To provide some clarity in a uniquely difficult situation, this guide explores the methods used to assess these damages.
Defining Pain and Suffering
Injuries will result from pain and suffering, including physical discomfort and emotional trauma from an accident. These damages include physical aches from injuries and the emotional toll of anxiety or depression. We can usually easily calculate all economic losses, such as medical bills, but pain and suffering damages are less quantifiable. Speak to car accident lawyers at Jason Stone Injury Lawyers for better clarity on your case.
Methods of Calculation
Pain and suffering damages are often calculated using two basic methods: the multiplier method and the per diem approach. Each method takes a different approach to providing a monetary value for these non-economic damages.
Multiplier Method
The multiplier approach consists of applying a multiplier to the total economic losses suffered, which usually ranges from 1.5 to 5. The multiplier indicates the seriousness of the injuries and the effect on the person’s life. For example, if the plaintiff suffers from a permanent disability or the case involves substantial pain and suffering, a higher multiplier may be used. Depending mostly on a subjective judgment of the scenario, this method requires a holistic presentation of the influence.
Per Diem Approach
The per diem method assigns a daily dollar figure to the pain and suffering endured. Next, we multiply that figure by the number of days they are likely to suffer these conditions. The daily rate is commonly determined based on a variety of things, including the daily actions of the person, how much distress they are in, and how long it takes to recover. Although simpler in some respects, this approach also entails attention to the specifics of each case.
Elements That Will Affect The Computation
The value of the pain and suffering can be affected by several factors. Common factors include the seriousness of the injury, the time needed for recovery, and, most importantly, the effects on quality of life. Also, the evaluation process is made to undergo the evaluation process based on the authenticity of the medical documents and analysis by the experts. Building a strong claim requires documenting the details and demonstrating both the physical and emotional suffering.
Legal Considerations
In each jurisdiction, the legal framework will differ, leading to different calculations for pain and suffering damages. There may be caps on non-economic damages, which limits how much compensation a person can be awarded. Local knowledge can also help ensure an accurate assessment of what is realistic. Consulting experienced lawyers will also help you become more familiar with the complexities surrounding the law.
Presenting a Strong Case
Building a compelling case requires more than your medical records. It combines personal testimonies, photographs, and expert opinions to present a clear picture of the impact. Explaining the depth of pain and emotional distress requires a full-blown story that shows how the accident has changed daily life. Having a well-documented case will give you the strongest standing during negotiations or in court.
Common Challenges
There are many hurdles to cross when seeking compensation for pain and suffering. Insurance companies might underplay emotional distress to cut down on payouts. Loyalty and preparation will help you overcome such hurdles. Knowing how the other side works allows the attorneys to prepare to counter the other side as they attempt to make their arguments.
The Role of Mediation
Mediation is a viable alternative to the months (sometimes years) of litigation. During this process, a neutral third party assists the parties in reaching an agreement. It is an alternative method of dispute resolution focused on the intervention of a third-party mediator, often resulting in a mutually beneficial agreement of settlement. Choosing mediation can help reach an agreement much sooner, lowering the concerned parties’ stress.
Conclusion
There are many factors to consider when calculating pain and suffering damages in car accident cases. The background knowledge of these variables gives people insight as to how this overlying factor works in conjunction with personal injury claims. Both the multiplier method and the per diem approach require careful evidentiary presentation and expert testimony. However, with proper preparation, reaching that goal is much easier to attain.