Numerous methods for calculating pain and suffering damages in personal injury claims exist. However, the most accurate way is to speak with an experienced attorney.
The multi-method calculates a number based on incurred costs like medical bills, lost wages, and other expenses and future estimated costs using a multiplier of 1.5 to 5. This method can be complicated and subjective.
Medical expenses are a crucial component of any personal injury claim. This category includes everything from emergency room visits to physical therapy treatments and the cost of medical equipment. It also encompasses prescription and over-the-counter medications. In rare situations, an accident might result in permanent problems that necessitate continuing treatment.
An experienced attorney can help you calculate your future medical expenses to pursue maximum compensation. This is usually calculated using the multiplier method, which adds up your incurred costs and inevitable future expenses and then applies a number based on the severity of your injuries. This amount is then added to your other special and general damages. The result is your maximum compensation amount. After reviewing your medical records, your lawyer will be able to provide a more exact estimate.
Pain and Suffering
There are a lot of online calculators that promise to give you an estimate of how much your pain and suffering might be worth in a personal injury case. While these can provide a starting point, the best way to determine your claim value is to consult an experienced attorney.
There is no one formula for calculating pain and suffering damages. However, the most common method involves tallying up all your special damages (the easily calculable expenses like medical bills) and multiplying them by a number between 1.5 and 5. The multiplier increases the severity of your injuries.
Then, you add in general damages for your disfigurement, loss of enjoyment of life, and other psychological damage caused by the accident. To ensure that the insurance provider pays a reasonable payout, an expert attorney can assist you in identifying and proving all of these losses.
If an injury leaves you unable to work, or if your doctor has determined that your injuries will permanently impact your future career prospects, you may be entitled to compensation for the loss of future earnings. Calculating these damages can be more difficult, but experienced attorneys will know how to estimate your lost wages accurately.
The easiest way to substantiate your claim for lost wages is to obtain copies of your pay stubs. Then, calculate your hourly wage or annual salary and the number of days that you missed work because of your injury. You should also include any bonuses, commissions, or potential contributions to a retirement plan. It would help to consider other fringe benefits you missed because of your injury.
Damages for Property Damage
A lawyer will add up all incurred costs in calculating your non-economic damages. This is a reasonably subjective calculation, and it will depend on many factors, such as the type of injury, how painful and disruptive it was to your life, and how severe or visible any permanent effects may be.
This figure will give a starting point for negotiations with insurance adjusters and the court. Documentation that supports your claims, like receipts, bills, and other records, is essential for this process. Similarly, professional notes from doctors or therapists and personal injury journals/diaries will also help strengthen your case.
Putting a dollar figure on damages, such as out-of-pocket expenses and future income losses, is reasonably straightforward. This is because they can be backed up by documents such as bills, statements, and receipts.
Quantifying more subjective damages, such as pain and suffering, is more challenging. Your attorney can help you determine what the appropriate amount should be.