A person who is seriously injured must cope with various types of damages and losses. To be sure, there is the physical injury itself, which may be disabling, expensive to treat, and require invasive or painful medical treatments. Then there are the effects of the injury, such as the inability to go to work and earn an income, perform basic chores and tasks, or perhaps even go for a walk. All of these things can contribute to a plaintiff’s pain, suffering, and emotional distress.

A personal injury claim is a type of civil suit that allows an injured party to seek compensation for the harm they have suffered, economic and noneconomic. But while financial damages are based on actual losses, noneconomic damages are much harder to calculate. Here’s a look into how damages for pain and suffering are calculated in a personal injury case.

The Multiplier Method

One of the most popular methods for calculating damages for pain and suffering in a personal injury case is known as the multiplier method. This method assigns a number from one to five to a plaintiff, and this number is referred to as the multiplier. The greater the degree of harm that the plaintiff has suffered or the more tragic their circumstance, the higher the multiplier. The value of a person’s economic damages is then multiplied by the chosen multiplier, and the resulting sum is the value of the person’s pain and suffering damages. For example, a person who suffered $10,000 in actual damages and is assigned a multiplier of 1.5 would be entitled to $15,000 in pain and suffering damages.

The Per Diem Method

The other way that pain and suffering damages are calculated is via the per diem method, or “per day” method. This method considers the actual number of days that you have lived with pain and suffering, or expect to live with pain and suffering, and assigns a daily rate per day. For example, if you suffer 100 days of pain and your daily rate is $100, then the value of your pain and suffering would be $10,000. The most disputed part of the per diem method is identifying a daily rate that all parties involved (i.e. both you and the insurance adjuster) can agree to. One strategy for identifying a daily rate is to use the actual value of income you earn in a day. So, if you work eight hours a day and are paid $30 per hour, your daily rate would be $240.

Our Boston Personal Injury Lawyers Want to Get You the Settlement You Deserve

You deserve to be compensated for the full value of your pain and suffering – our personal injury lawyers at the law office of Lovenberg & Associates, P.C. can help. We work hard to determine the value of the losses you have suffered and aggressively negotiate for a fair settlement award. For your free consultation, please call our law firm at 617-973-9500 today or send us a message directly.