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How are Pain and Suffering Damages Calculated?

Posted on January 24, 2018

Some accidents can bring on many emotions along with pain and suffering. During your court case, you could get awarded a settlement for how much pain and suffering you went through. But how do you calculate this?

There is No Rule on How to Calculate Pain and Suffering Damages

Even though there is no rule that obligates how to calculate damages, there are some common methods. Many use a computer program that takes the types of injuries into consideration along with any medical bills or treatment costs to calculate a claim for the damages. Commonly used in accident settlements is the method to take the total amount of damages that include medical bills and loss of wages and then multiplying that by a number ranging from 1 to 5, all depending on the actual severity of the injuries and suffering. The “per diem” approach is less common and requests that a certain amount, for example $100, to be paid each day until the maximum recovery has been reached.

photo by FreeStocks.org

What is Considered Pain and Suffering?

The legal term refers to a host of injuries that the plaintiff may suffer from an accident that could include physical pain along with emotional pain and mental pain like fear, grief and insomnia. If you experience any of these, you should be able to be awarded a small amount, but you could end up receiving a large settlement, all depending on the severity of the situation.

Always be Prepared When Trying to Receive Pain and Suffering Damages

Of course, you will need to provide proof of the pain and suffering you endured. This process can consist of many forms and a lot of evidence such as medical bills, loss of wages, photos and any statements that prove how the pain and suffering impacted your life. Keep in mind, that the more evidence you are able to provide, the better chance you have of winning a larger settlement.