How Pain and Suffering is Determined in a Personal Injury Case

Personal Injury Case | Peter N. Davis & Associates LLC

How Pain and Suffering is Determined in a Personal Injury Case

If you have suffered a personal injury, the consequences can be dire, depending on just how serious the injury really is. However, you will find that it can get very difficult trying to gauge just how much an injury will affect you. When it comes to a personal injury case, calculating the damages you are owed is often downright confusing. In these situations, you will want more than ever to have a professional personal injury lawyer advising you on your case.

At Peter Davis Law, we have seen numerous personal injury cases over the years and, as such, we have earned an impressive reputation throughout the New Jersey area for our attention to detail. We would specifically like to offer the following tips to help you learn more about how pain and suffering are calculated as a part of your personal injury damages.

What Goes into a Personal Injury Case?

Any given personal injury case will vary from others based on many different factors, although the kind of injury is often one of the most important of these factors. Injuries can range from fatal to light, with the worst kinds ending either in death or a permanent disability. Obviously, the more severe the injury, including the more pain and suffering endured, the more damages you would be able to claim. These damages, however, are meant to cover you throughout the duration of the injury. They are typically calculated by one of three methods.

#1 Convert Special Damages to General Damages

Special damages are typically financial losses that have occurred as result of the injury: i.e. medical bills, pain medication, lost wages, etc. By converting these special damages to general damages, you can more straightforwardly bring your case before the court. For example, if you have always cooked for yourself and an injury makes cooking too painful to perform, you can claim the amount of money it costs to eat out instead.

Keep in mind that these general damages must be carefully defined and clearly linked with your injury.

#2 Use Multipliers

An alternative method is to take the total cost of your special damages and multiply them by a multiplier. This multiplier will typically fall between 1 and 5, though it can vary more widely still, based on the injury type or other aggressive factors.

#3 Use a Per Diem

A per diem calculation is very similar to using a multiplier. The major difference is that after defining the cost of the injury to you per day, the amount is multiplied by the number of days in which you have suffered from the injury. This includes days both past and future, as determined by your life expectancy.

Review Your Personal Injury Case with Peter Davis Law

There are many elements that an insurance company will try to use against you in order to avoid a larger settlement. This includes everything from preexisting medical conditions to age. The only way to know if you are getting a fair deal is by consulting with a professional legal team.

Peter Davis Law would like to be the ones to help you. Should you have any questions about your personal injury case, contact one of our representatives right away.