When you’ve been injured in an accident, the physical pain and emotional distress you experience are just as real as your financial losses. But how are these intangible damages—often called “pain and suffering”—evaluated in a personal injury case? Understanding this key element can help you secure fair compensation. With his extensive experience, Kevin L. Sullivan II is here to ensure your pain and suffering are fully accounted for in your Florida personal injury claim.
What Is Pain and Suffering?
Pain and suffering refer to the physical discomfort and emotional anguish you endure due to your injuries. Unlike medical bills or lost wages, these damages are non-economic, meaning they don’t come with a fixed dollar amount.
Types of Pain and Suffering:
- Physical Pain: Chronic pain, discomfort, or limitations caused by your injuries.
- Emotional Distress: Anxiety, depression, fear, or trauma stemming from the accident or your injuries.
- Loss of Enjoyment: Inability to participate in activities or hobbies you once enjoyed.
- Loss of Consortium: Impact on your relationships, particularly with a spouse or family.
How Pain and Suffering Are Calculated
Determining the value of pain and suffering is one of the more subjective aspects of a personal injury case. Insurance companies, attorneys, and courts use a variety of methods to calculate these damages, including:
1. Multiplier Method
This common approach multiplies your economic damages (like medical bills and lost wages) by a number, typically between 1.5 and 5, depending on the severity of your injuries. For example, if your economic damages total $20,000 and the multiplier is 3, your pain and suffering damages would be $60,000.
2. Per Diem Method
This method assigns a daily dollar amount to your pain and suffering and multiplies it by the number of days you’ve been affected. For instance, if the daily rate is $200 and you’ve experienced pain for 90 days, the total would be $18,000.
3. Case-Specific Factors
Factors like the nature of the injuries, the impact on your daily life, and whether the pain is likely to be long-term or permanent are also considered.
This post was written by a professional at Kevin L. Sullivan II. Attorney Kevin L. Sullivan II is your truck accident attorney Seminole FL and the best personal injury attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.