Determining Compensation for Pain & Suffering

Whether you are involved in a devastating car accident or slipped and fell on someone else’s property, if you have been injured by a negligent party, you may be entitled to recover compensation for medical expenses, loss of income, as well as pain and suffering. However, you may be wondering how anyone can put a dollar amount on pain and suffering anyway?

The following are some factors that can determine damages for pain and suffering:

  • The severity of your injuries
  • The medical treatment required for your injuries
  • The medical care you will need in the future
  • How much pain someone usually experiences with your injuries
  • The recovery time of the injuries
  • If you had any fault in causing your injuries
  • Your witness credibility

The majority of the final amount you receive is based on your lawyer’s ability to negotiate with the insurance adjuster or to connect with a jury. Attorneys generally use one of two methods to start negotiations for your entitled compensation: per diem and multiplier.

With the per diem method, also known as the “daily rate,” an amount of money is assigned each day or week of your suffering. For example, you become pain-free after about seven months, which is about 210 days. Your lawyer could argue that your daily pain for the respective dates should be compensated at $200 each day, for a total of $42,000 in pain and suffering

With the multiplier method, you just multiply your medical bills and lost wages by a specific number. What determines the number is the severity of the accident. In regards to car accidents, a minor fender bender might use a 0.5 or 2. If you have been injured for seven months, it may be 3 or 4.

So let’s say you receive $7,000 in medical bills and $2,500 in lost wages, totally to $9,500. Multiplying that by three will result in $28,500. However, some lawyers will take the multiplier number and average it with the per diem number. So average $42,000 & $28,500 will result in $35,250.

After a calculation is made, a demand letter is created and negotiations begin with the insurance company.

Let Our Dallas Personal Injury Lawyer Help You!

It is important to understand that determining the numbers for pain and suffering can be relatively subjective, which is why you should obtain legal assistance from an experienced injury attorney. At Mathias Raphael PLLC, we don’t take a “one size fits all” approach in determining the reasonable amount of compensation. Our legal team will conduct a thorough investigation and collect evidence to develop an effective and personalized legal strategy for you.

Contact us and request a free consultation today.

Categories