Being involved in an accident is obviously devastating, but what comes after is even more so. Accidents are often followed by injuries, trauma, and financial troubles. This burden can be reduced by filing a personal injury claim, especially in cases where the accident was caused due to someone else’s negligence.

By filing a personal injury claim, if successful, the injured party can get compensated for their economic and non-economic damages. Economic damages aim to compensate for monetary losses such as medical bills, lost income, property damage, etc., whereas non-economic damages (also called pain and suffering) aim to compensate for the victim’s intangible losses.

Let’s take a look at the types of pain and suffering a victim can be compensated for.

Types of Pain and Suffering Damages

Physical Pain and Suffering: The physical pain and suffering the victim had to face due to the injuries sustained.

• Emotional Distress: The mental and emotional suffering faced due to the accident and its aftermath.
• Loss of Enjoyment of Life: Compensation if the injuries sustained have diminished the value of the victim’s life.
• Loss of Consortium: Compensation for the loss of companionship the victim’s partner may face.

There are many more pain and suffering damages a victim can avail; the extent of the damages can be established by hiring a lawyer who has experience with similar cases.

Calculating Pain and Suffering Damages

As non-economic damages depend on various factors and do not have a set number on how much a person has lost, figuring out the compensation can be tricky. Luckily, there are 2 methods that are legally used to determine how much a victim must get as damages.

Multiplier Method

This method involves multiplying the victim’s economic damages by a set number (usually between 1.5 and 5), the sum of which will be the amount that is to be given to the victim as non-economic damages.

The multiplier used is usually established by considering the nature of the accident, the extent of the injuries, how long the victim will take to recover, how the losses will affect their life, and more.

For example, if the victim was involved in a minor slip and fall that is expected to take about 2 to 3 months to fully recover, their multiplier is most likely to be a lower number like 2. This multiplier is then used to multiply the total amount of their economic damages. Suppose the economic damages total $20,000; then they would multiply 20,000 by 2, resulting in 40,000, so the victim will receive $40,000 as their non-economic damages.

Per Diem Method

This method, as the name per diem suggests, is a per-day amount system. This method aims to compensate the victim for the number of days the victim is estimated to be suffering. This means that the per-day amount will be multiplied by the number of days the victim is expected to suffer, the sum of which is awarded to the victim as their non-economic damages.

The per diem amount set is usually the victim’s daily wage, but it can also be changed according to the extent of the victim’s injuries, the nature of the accident, and several other factors.

For example, suppose a victim of a car accident who earns $200 every day sustains many injuries, which may require the victim to be in recovery for a year. The law may deem 200 as a reasonable daily compensation amount. This means that by multiplying 200 by 365, the law will establish the amount the defendant will have to pay the victim as non-economic damages, i.e., $73,000.

Conclusion

The aftermath of an accident is not easy; dealing with the mental, physical, and financial impact, along with the legal aspects, is not something an accident victim can do alone. This is why it is important to hire a personal injury lawyer who has handled similar cases. They can help victims deal with the aftermath and take over the legal aspects to ensure that the victim gets justice as well as financial relief.