After you’re involved in a serious collision, you may have injuries that require months or years of medical care. Some may become permanent, and you may be forced to live with a disability or other physical difference in the future as a result of the crash.
It’s not a bad idea to consider seeking pain and suffering damages when you’ve gone through a collision like this, because you have dealt with both physical and emotional trauma related to the incident.
Pain and suffering damages are part of a wide category
Pain and suffering damages may be based on a number of physical or emotional injuries, such as:
- Disfigurement
- Physical impairment
- Depression
- Anxiety
They may also include factors such as:
- The loss of the quality of life you experienced in the past
- A loss of enjoyment for life due to your injuries
- A loss of consortium if there are changes in the relationship with your spouse as a result of the crash
- A loss of companionship for dealing with a lack of affection, security or emotional support
Calculating these damages can be tough, since they are not economic in nature. However, it is possible.
Methods for determining pain and suffering damages
There are two main ways to determine pain and suffering damages. These include the:
- Per diem method
- Multiplier method
With the per diem method, you are paid a specific amount per day that you suffer from an injury. The compensation is determined by looking at the date of the injury and the date at which you reach maximum medical improvement.
The multiplier method is another option. The calculation typically uses a multiplier between one and five to multiple the economic losses. For example, if you had $50,000 in economic losses and have a multiplier of three, you should receive $150,000 in noneconomic damages.
In every case, there are many factors to consider before you can determine how much you should receive for compensation and how much the other party plans to propose. You should go over these potential options for determining pain and suffering damages to see if either are the right fit for your case.