In a personal injury claim, pain and suffering is calculated using either the multiplier or per diem method. These calculations often consider the severity of your injuries, the impact the circumstances have had on your daily life, and the subjective nature of your suffering.
However, when you’ve sustained injuries because someone else acted negligently, the toll that experience takes—both emotionally and physically—can feel overwhelming. It’s no secret that the tangible costs of medical bills and lost wages are expensive.
Furthermore, you’re also grappling with the intangible impact of pain and suffering, which has the power to affect your quality of life significantly. Instead of trying to handle the stress alone, reach out to a Charlotte personal injury lawyer.
What Is “Pain and Suffering” in the Context of Personal Injury Claims?
In the context of personal injury claims, “pain and suffering” refers to the physical and emotional distress experienced by an accident victim due to their injuries. Like other damages, your ability to collect compensation for your pain and suffering is limited by the statute of limitations.
The North Carolina personal injury statute of limitations is three years from the date of the injury. This means you must file your lawsuit within this 36-month time frame. Otherwise, you might lose the right to pursue compensation for the damages you experienced.
This period also pertains to your right to seek justice for the following examples of pain and suffering damages:
- Ongoing discomfort, chronic pain, or the inability to perform your everyday tasks
- Anxiety, depression, or trauma related to the incident
- An inability to engage in hobbies, sports, or other activities you used to enjoy
- Long-term or irreversible physical changes that have affected your quality of life
Since these damages are subjective, it can be hard to calculate their value. Let’s look more closely at the two methods that are often used to apply a dollar amount to these damages.
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Methods That Are Often Used to Calculate Pain and Suffering
There’s no universal formula for determining the value of pain and suffering. That said, insurance companies and court systems often rely on two primary methods.
The Multiplier Method
This method assigns a multiplier—typically between 1.5 and 5—to the total amount of economic damages, such as your medical bills or any lost wages you’ve missed out on. The severity of your injuries and their impact on your life will determine the multiplier:
- Minor injuries: A lower multiplier between 1.5 and 2 may be used for minor injuries.
- Severe injuries: A higher multiplier between 4 and 5 reflects more significant suffering.
The Per Diem Method
The per diem method assigns a daily monetary value to your pain and suffering. This is calculated based on how long you’re expected to endure the effects of your injuries. It is multiplied by the number of days from the date of the accident to your expected recovery.
Factors That Can Influence the Value of Your Pain and Suffering Damages
If you are wondering how to increase a personal injury settlement, your lawyer can walk you through your options. However, several different factors play a role in determining the value of your pain and suffering claim, and these might affect the amount of money you receive.
The Severity of Your Injuries
The more severe your injuries, the higher your pain and suffering damages are likely to be. Similarly, permanent disabilities or life-altering conditions typically warrant greater compensation.
The Impact on Your Daily Life
If your injuries prevent you from working, enjoying your usual hobbies, or caring for your family, the emotional toll that you’ve had to endure will also be considered when calculating your damages.
Medical Evidence of Your Injuries
Comprehensive medical records that document your pain, treatment, and prognosis are very important. Testimony from doctors or therapists can also strengthen your case.
Testimonies From Your Loved Ones
Statements from friends, family, or co-workers can help illustrate how your injuries have affected your life. These accounts provide a personal perspective that complements medical evidence.
Tactics That Insurance Companies Use
Insurance adjusters often attempt to downplay the extent of pain and suffering. They might use standard formulas or argue that your injuries aren’t as severe as you’ve claimed. That said, an attorney with experience handling personal injury cases can counter these tactics.
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Common Challenges Victims of Cases Eligible for Pain and Suffering Might Come Across
While pain and suffering are inherent aspects of personal injury claims, their subjective nature often poses unique challenges. Here are some difficulties claimants may face.
Subjectivity Regarding Valuation
Unlike tangible costs—such as medical bills or lost wages—pain and suffering damages lack a standard calculation method. Their value often hinges on personal testimony, medical records, and the perceived severity of the injury.
This means there’s often room for interpretation. Insurance companies may use this subjectivity to their advantage by offering lower settlements based on their judgment of what they consider reasonable—not based on what you have claimed.
Biases From Insurance Companies
Insurance adjusters are often skeptical about the extent of a claimant’s pain and suffering. They may argue that the injuries are not as severe as described or state that the pain is unrelated to the accident. This can lead to reduced compensation if you cannot counter their claims.
Difficulty Proving the Emotional and Physical Impact of Your Injuries
The process of proving pain and suffering requires more than a statement from the injured party. Evidence from medical professionals, photographs of your injuries, records of your therapy sessions, and journals documenting your daily struggles can all help you establish credibility.
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Contact a Charlotte Personal Injury Attorney as Soon as Possible for Legal Guidance
Pain and suffering calculations might not always be easy to understand, but at DeMayo Law Offices, we’re here to help. If you want to secure fair compensation for pain and suffering but if you don’t know where to start, contact us as soon as possible.
We want to make sure personal injury victims like you have an exceptional experience, and we operate under the core belief of People Over Profits™. You can count on us to prioritize your interests and advocate for you every step of the way.
Don’t let an insurance company decide what your pain and suffering are worth—let us serve as Your North Carolina Law Firm™ instead. The sooner you reach out to our team, the sooner we can start building a case and working toward the compensation you deserve.
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