When there is a personal injury claim. The court considers the physical and emotional effects of the injury cases. When referring to pain and suffering damages, it is a common term describing the emotional loss associated with injury. However, how do courts determine these damages? This article will discuss situations where courts can award damages for pain and suffering.
What Situations determine Compensation for Pain and Suffering?
The following circumstances can call for pain and suffering compensation:
Pain and suffering compensation may be awarded in various circumstances, including:
- Physical Injuries
- Emotional Distress
- Loss of Enjoyment
- Disfigurement
- Embarrassments
- Inconvenience
A court can award suffering and pain damages alongside compensation for lost income and medical expenditure.
What Are the Methods Used in Calculating?
Courts can use various methods to calculate pain and suffering damages. Let us see some common ways:
1. Per Diem
This method works by assigning a daily rate value to the pain and suffering of the victim. Then multiply the daily rate value by the days he has suffered, plus the total compensation. For example, assuming the court assigns a daily value of $50 and 100 days of suffering. These mean the total damages amount would be $5,000.
2. The Multiplier Method
The multiplier method is where the court multiplies the total medical fees and lost funds by a factor (mostly 1.5 and 5). This equation helps define the pain and suffering damages. That is to say if medical costs and lost earnings were $10,000. The court assigns a multiplier of 3. The total pain and suffering package would be $30,000.
3. Pain Profession Method
In this case, the court may employ the services of experts in pain management. They will assess the situation objectively to determine how severe the pain and suffering are.
These experts consider many factors during the assessment. They may include the effect of the injury on the victim’s daily life. It can also include treatments given and the nature of the injury.
4. Algorithm Method
Recently, courts have been using algorithms to calculate pain and suffering damages. To determine, they use factors like the victim’s age, the seriousness of the injury, and the jurisdiction’s standards.
Are there ways to increase pain and suffering compensation?
Do not resort to discouragement and give up if your disability claim is denied. Sit back and prepare to take some vital steps. The steps can help you increase your pain and suffering compensation.
What are the specific steps you can follow?
- Document Everything: These are what you should record: any medical treatment records you think can help during the process. It can include medication, doctor’s visits, and therapies.
- Seek Professional Guidance: You will need a personal injury attorney. Look for the one with experience and the expertise to seek for your right. He must also have what it takes to negotiate with the insurance company for you.
- Attend Therapy: Therapy sessions can help you in two ways: First, it helps in your recovery. Secondly, it will present documented evidence of your emotional trauma.
- Stay Persistent: Do not give up. Even if your claim is denied, appeal the decision. Look for additional evidence to bolster what you already have.
Conclusion
If you are passing through emotional pains because of injury there is hope. Pain and suffering damages are vital and can help you secure compensation for your ordeal. Understand the procedure and process to follow. Also, know the methods courts can use to determine your compensation. Do not work alone on this. Consult with professionals who can come to your aid. He will guide you through the process.