The Multiplier Method
The multiplier method of calculating pain and suffering starts by adding up all of your medical bills and other economic damages and then multiplying them by a number between 1.5 and 5, depending on the severity of your pain and suffering. The multiplier could be as high as 10 in a wrongful death case.
For example, Mary is in a car accident and suffers head trauma and other severe injuries. The total cost for her medical treatment, including surgeries and rehabilitative care, amount to $80,000. Her lost wages and other expenses totaled $95,000 in economic damages. She was an avid scuba diver before her accident and was civically engaged. She had to give up scuba diving and being on the planning committee for an annual event that she loved. Feeling like she lost herself, she has been going to therapy for depression, which also costs a lot per appointment. Due to her severe injuries and how much the accident has affected her life, her multiplier for her pain and suffering could be three. $95,000 multiplied by three is $285,000. By hiring an experienced personal injury attorney who will fight for her and stand up to the insurance company, she may even be able to recover $380,000 ($95,000 multiplied by four).
The Per Diem Method
The per diem method of calculating a settlement value is based on the daily or weekly toll of the plaintiff’s pain and suffering. Basically, the insurance company assigns a dollar amount to your pain and suffering every day or week you spend recovering from your accident and are likely to continue to experience adverse effects.
It’s important to understand that these are proprietary formulas used by insurance companies to calculate the value of damages like pain and suffering and how they will affect the company‘s overall liability. The insurance adjusters will weigh the risk of going to trial and giving you the offer you request. It is crucial to work with an attorney with experience in calculating settlement values who can give you a professional opinion of what your claim is worth.
How Can You Prove Pain and Suffering Damages?
Now that you understand how your pain and suffering costs are calculated, it’s time to understand how evidence and strong negotiating skills help in an injury claim. The most common types of documents used for evidence are:
- Medical records
- Documentation of time you missed from work
- Records from a psychologist or psychiatrist
- Photos of your injuries
- A daily journal chronicling your physical pain and mental anguish
- Testimony from loved ones, friends and coworkers about changes they’ve noticed in your mood, performance, and personality
Your attorney will learn about the activities that used to bring you joy in life. During your free consultation at Grossman Law Offices, we want to know if you traveled regularly, enjoyed cooking at home, volunteered, played recreational sports, engaged in outdoor activities, or enjoyed gardening or fixing things up around your house. If you find it hard to participate in your kids’ lives, attend events, or enjoy time socializing with friends because of your accident, then call us now to learn how much money you can sue for pain and suffering in a personal injury claim.
Settlements For Pain And Suffering
To learn more about calculating your pain and suffering settlement and how to file a personal injury claim, call Grossman Law Offices. Our law firm has helped others in Fresno recover compensation in the five decades that we have been in practice. We start by offering you a free case evaluation where we listen to you. Then, we advise you of your rights, what your next steps are, and we answer any questions you have about filing a claim for compensation. We continue to communicate with you on the status of your suit and take the time to explain complicated legal strategies in a way that is not overwhelming to understand. Call Grossman Law Offices in Fresno at (800) 462-5555 now.
