What Is Pain And Suffering Worth In A Lawsuit

Given that “pain and suffering” is something which is hard to be truly objective when it comes to measuring, many times it will be added to the list of claims in a lawsuit. However, it is important to know when compensation for pain and suffering is valid, as well as how much can be awarded for such a claim.

The Multiplier Method

In some cases, pain and suffering is calculated by adding on a multiplier to the other expenses incurred by the incident.

This means that the compensation for pain and suffering scales with the severity of the incident. Assuming a multiplier of three, which is usually a pretty standard number for these types of multipliers, let us compare two different cases. In one case the amount of economic damages caused by the incident, factoring in medical bills, lost wages, and the like- ends up coming out to a total of $5000. In another case, the total amount of economic damages comes out to $20,000. After our multiplier is applied, the pain and suffering compensation for the first case comes out to $15,000, while the pain and suffering compensation for the second case comes out to $60,000, two different values based off of two different levels of severity.

Instead of always using a flat multiplier for all cases, such as our earlier example of three, sometimes lawyers and insurance companies use more complex methods of calculating the multiplier used.

These methods are usually determined by an algorithm which is used by special software which takes into consideration the different factors of a claim. In such cases, the multiplier itself will be chosen depending on the severity of the case, which usually results in less severe cases paying out less than using a static multiplier and more severe cases paying out more than using a static multiplier.

typical pain and suffering awards

The Per Day Method

In other cases, a multiplier may not be used at all. An alternative method of calculating pain and suffering instead looks at the amount of time in which the plaintiff has been affected by their injury.

For example, in the case of a minor fender bender in which the plaintiff only received a short checkup and went back to their daily routine, compensation would likely not be deemed necessary. However if the result of the incident left the plaintiff hospitalized for a week and in physical therapy for a month after that, then compensation would be calculated based off of that amount of time using this method.

The actual amount of compensation requested per day may vary depending on the plaintiff. In this type of calculation, the daily rates are usually based off of the amount of payment the plaintiff would receive in a day’s worth of wages. Highly skilled plaintiffs with high paying jobs for instance may choose to request a higher daily amount of compensation on the justification that their time is valuable based off of their skillset.

pain and suffering settlement examples

Other Circumstances

While both of the aforementioned methods are common within the field of law, they are by no means the only ways to calculate pain and suffering.

So long as there is a decent justification for the amount requested for pain and suffering, that amount may be considered as well.

If your request is fashioned in a way which makes sense and is easy for the jury or judge to understand, then that may prove perfectly suitable as well. These calculations are likely to be incredibly specific based off of the incident itself.

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