How Are Pain and Suffering Damages Calculated?

If you’re in the process of trying to obtain personal injury compensation, you probably have questions about pain and suffering damages. Compensation for these non-economic losses can increase your overall settlement by a sizable amount. 

There are a few different ways to calculate damages for pain and suffering, and the method of calculation can have a big impact on how much money you walk away with. It’s a good idea to know how this form of compensation is calculated and which calculation method will bring you a higher overall award.

A Metairie injury attorney of The Law Office of John W Redmann, LLC can guide you through the process, contact us today to get started with a free consultation.

What Are Pain and Suffering Damages?

What Are Pain and Suffering Damages?

Personal injury law allows you to recover compensation when you suffer an injury because of someone else’s negligence. Personal injury compensation includes economic damages. This money compensates you for actual expenses and financial losses, like medical bills or lost wages. 

There’s another type of compensation available in some personal injury cases: non-economic damages. These compensate you for the non-financial aspects of your injury. Pain and suffering damages are the most common form of non-economic damages. 

Other common types of non-economic damages include emotional distress, scarring or disfigurement, and diminished quality of life. Pain and suffering damages are an acknowledgment of the physical and emotional toll that the accident took on you. 

How Are Damages For Pain and Suffering Calculated?

Pain and suffering damages are unique in every case. This means there’s no set amount you can expect to recover. Furthermore, there are different ways to calculate the amount a person can receive in a personal injury case. The two primary methods of calculating pain and suffering damages are known as the multiplier method and the per diem method. 

The Multiplier Method

The multiplier method involves identifying a number, called a multiplier, that usually ranges between 1.5 and 5. Typically, higher multipliers are used in cases involving more severe or life-altering injuries, while lower multipliers are used in cases with less severe injuries. 

Once a multiplier is identified, you take the total amount of your economic damages and multiply it by the multiplier. For example, if the economic damages in your case are $20,000, a multiplier of 1.5 would put your pain and suffering damages at $30,000, while a multiplier of 5 would put them at $100,000. 

The Per Diem Method

The per diem method, also called the daily rate method, involves assigning a financial amount as your “daily rate,” or how much you should be paid each day. Often, the injured person’s daily wage is used as the rate. You calculate the total amount by counting from the day of the accident to the day your doctor estimates you will reach maximum medical improvement. 

Then, your daily rate is multiplied by the number of days, and the resulting figure is the amount you receive in pain and suffering damages. For example, suppose that you make $200 a day, and a doctor estimates that it will take six months to achieve maximum medical improvement. In that case, you’d recover around $36,000 in pain and suffering damages. 

What Is the Best Way To Calculate Pain and Suffering Damages?

The best way to calculate pain and suffering damages varies by case. The multiplier method often allows you to recover a higher compensation value, especially if your lawyer can get the insurance company to agree to a higher multiplier. However, that doesn’t mean the multiplier method should always be preferred. 

Pain and suffering damages recovered using the multiplier method depend on the size of your economic damages. If the injury didn’t result in significant medical costs or lost wages, fighting for a high per diem amount might allow you to recover more for pain and suffering than you might qualify for with the multiplier method. 

Can I Recover Pain and Suffering Damages Without a Lawyer?

You should hire a lawyer to help you through your personal injury claim. In any case, it can be challenging to get the insurance company to pay the amount of compensation you need. This is true even in instances where you have physical proof of your financial losses, like medical bills and pay stubs. 

It’s more challenging than that to recover pain and suffering damages. Even when an insurer agrees to pay for this type of compensation, it will work to keep the payout small by arguing for the lowest multiplier or daily rate it can get away with. 

For these reasons, you should not enter into negotiations with an insurance company without a lawyer’s help. Insurance agents often use tricks designed to make you admit fault, which reduces the total amount you’re eligible to receive. 

What Factors Can Impact Pain and Suffering Damage Amounts?

Many factors can impact the total amount of pain and suffering damages you recover in a personal injury case. 

Some of the most important elements that can impact your pain and suffering compensation include: 

  • How your damages are calculated
  • The amount of your economic damages
  • The severity of your injuries
  • The long-term impact of your injuries
  • Whether you settle or go to trial 
  • Your lawyer’s skill and experience level

It’s essential to have a skilled lawyer guiding you through the process of obtaining personal injury compensation. The more experience your lawyer has, the higher the chance of increasing the amount of pain and suffering damages you recover. 

Time Limits For Recovering Pain and Suffering Damages in Louisiana

If you’re seeking personal injury compensation in Louisiana, it’s important that you be aware of the time limits. Every state sets a deadline on how long you have to file a personal injury lawsuit. 

Unfortunately, Louisiana has one of the shortest time limits in the country. You only have two years from the date of the injury to file a lawsuit in Louisiana. While there are exceptions, this brief period means it’s essential to contact a lawyer as soon as possible after the accident. 

Discuss Your Compensation Options With a Louisiana Personal Injury Lawyer

If you need to recover personal injury compensation in Louisiana, you have limited time. The Law Office of John W. Redmann, L.L.C., is an award-winning personal injury law firm with over 30 years of experience. 

Our case results and client testimonials demonstrate the superior results we obtain for our clients. Our Louisiana personal injury attorneys are available to answer your questions about recovering pain and suffering damages. Don’t wait to get help with your personal injury claim. Contact us today for a free consultation to learn how we can assist, call us at (504) 500-5000