When someone breaks their arm in a fall and is put in a cast, the main concern is how long it will take to recover. The doctor might recommend that it take 6 to 8 weeks to recover.
Some patients might be out of the cast sooner, while others could take longer. During that time, the patient will be paying the bills for the diagnosis, x-rays, and treatment. Those would be the economic damages, which can all be supported by a bill, receipt, or invoice.
That patient will also experience pain and discomfort and have that cast interfere with their normal routines. These kinds of damages would fall under the category of pain and suffering.
They can’t be backed up with a bill, but there is still a “value” that needs to be assigned to them. How do you determine the price of pain and suffering? Two options can be applied to come up with that number.
Options for Calculating Pain and Suffering
When pain and suffering damages are included as part of a settlement, you and your personal injury attorney can choose from the following two options to calculate the pain and suffering you’ve experienced:
Multiplier Method
The multiplier method is the more common method for calculating damages for pain and suffering.
There will be a range of multipliers from 1.5 to 5. A higher multiplier is associated with more severe injuries. Once the multiplier is agreed to, you will multiply that number by the final amount of your economic damages.
For example, if your total economic damages are $50,000 and your multiplier is 2, your final amount will be $ 100,000.
Per Diem Method
The other method for calculating pain and suffering is the per diem method. With this option, a specific dollar amount is associated with the number of days it takes to recover from the accident.
For example, if a broken arm is in a cast, the cost could be $100 a day for six weeks or until the cast is removed. That would mean pain and suffering valued at $4,200.
Determining the Numbers
Whether you choose the multiplier method or the per diem method, there are a number of factors that determine what those numbers will be.
Consider the following:
Level of Pain and Discomfort
As you might expect, the level of pain associated with your injury will be a primary consideration in determining the amount of pain and suffering you’ve endured.
Does it distract you from performing your work duties? Does it make sleeping a problem?
It helps to keep a pain journal where you can track those levels throughout your recovery.
Long-term Impairment
Will the injury create a long-term impairment? Will you need ongoing physical or occupational therapy? While you can be paid for the cost of those treatments, the pain and suffering would be associated with the disruption to your life and work caused by the injury.
Disfigurement
Will the injury leave a lasting scar or other disfigurement? That can generate feelings of embarrassment and shame.
Post-traumatic Stress Disorder (PTSD)
In addition to physical pain, you could also experience emotional pain as a result of an accident. That can manifest as feelings of depression and anxiety that could all be a form of PTSD.
Again, you should be compensated for any associated therapy sessions, but also for the overwhelming disruption to your life that it has caused. Also, the liability of the at-fault party will be a factor to consider.
If it is clear that they are 100% responsible for causing your injury, make the multiplier higher.
Working With Your Attorney
Determining your pain and suffering number requires assessing the totality of your experiences as a result of the accident injury.
The personal injury attorneys at the Forbes Law Offices have years of experience calculating damages for their clients. We know the right questions to ask to cover all aspects of your injury recovery. This is a crucial number to calculate because you won’t get a chance to go back for more after a settlement has been agreed to.
Your remedy needs to be complete and fair compensation.
