Pain and suffering are two of the most common damages in personal injury cases. They refer to the physical and emotional distress that a victim experiences after an accident. Calculating pain and suffering can be challenging, as it is subjective and varies from person to person. However, four steps can help you calculate pain and suffering post-accident with a personal injury lawyer.
Step 1: Determine the Severity of Injuries
The first step in calculating pain and suffering is determining the severity of injuries sustained in the accident. This includes any physical injuries, such as broken bones, bruises, and lacerations, as well as any emotional trauma, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
To determine the severity of injuries, you should consult a medical professional who can provide a detailed diagnosis and treatment plan. This will help you understand the extent of the injuries and how they will impact the victim’s life in the long run. For example, a victim who has suffered a severe spinal cord injury may require ongoing medical care and rehabilitation, significantly impacting their quality of life.
Step 2: Consider the Impact on Daily Life
The next step in calculating pain and suffering is to consider the impact of injuries on the victim’s daily life. This includes any limitations or restrictions on their ability to perform daily activities like work, hobbies, and household chores. It also includes any emotional distress or psychological trauma the victim may experience due to the accident.
To assess the impact on daily life, your personal injury lawyer considers your current and future ability to continue in all aspects of life—professional, personal, recreational, etc. They will also consider any changes in your lifestyle, such as the need for modifications at home or vehicle to accommodate injuries.
Step 3: Estimate the Duration of Pain and Suffering
The third step in calculating pain and suffering is to estimate the duration of the victim’s physical and emotional distress. This includes the time the victim will likely experience pain, discomfort, limitations due to the accident and any long-term effects on their mental health.
Attorneys must consider the victim’s current medical condition, the expected outcome of their treatment, and any ongoing medical care or rehabilitation they may require. This includes the impact of their injuries on your ability to work and engage in personal relationships.
Step 4: Assign a Monetary Value
The final step in calculating pain and suffering is to assign a monetary value to the victim’s physical and emotional distress. This is typically done by computing the victim’s financial damages, like medical costs and lost wages, by a certain multiplier.
The multiplier is determined based on the severity of the injuries and the impact on the victim’s daily life. For example, a victim who has suffered a minor injury that has not impacted their ability to work or engage in personal activities may have a multiplier of 1 or 2. However, a victim who has suffered a severe injury that has resulted in long-term disability and emotional trauma may have a multiplier of 5 or more.
Remember that assigning a monetary value to pain and suffering is not an exact science, as this can depend on the circumstances of the case. The victim’s age, occupation, and pre-existing medical conditions can also impact the calculation.
Lawyers Who Understand Your Pain
Calculating pain and suffering post-accident is a complex process that involves several factors. By following these four steps, you can ensure that you are considering all the relevant factors and assigning a fair and accurate monetary value to the victim’s physical and emotional distress. Remember to consult a personal injury attorney for guidance and support.
At Edge Lawyers, we recognize the physical, emotional, and financial burden of personal injury cases for individuals and their families. Our team is dedicated to offering our clients a kind and understanding approach while vigorously pursuing the highest possible compensation for their losses, such as medical bills, missed income, and other damages. Call (205) 453-0322 to talk to a personal injury lawyer in Birmingham now!
