When a person sustains an injury, they will deal with the obvious physical traumatic injuries. However, injuries, along with any disability or loss of quality of life caused by the injuries, can lead to significant patient pain and suffering.
Properly defining pain and suffering is important, particularly when it comes to calculating these losses for Arizona personal injury victims.
Defining Pain and Suffering Damages
Individuals often hear the phrase “pain and suffering” in terms of an injury claim, but understanding what this applies to can be confusing. When we discuss pain and suffering, it is generally in terms of the larger umbrella of “non-economic” or “general” damages related to the injury claim. These are losses that are harder to calculate, which is why there are special calculation methods. These damages seek to help provide compensation for an injury victim’s:
- Physical pain and suffering
- Loss of quality of life
- Emotional and psychological pain and suffering
- Loss of consortium with a spouse or family member
Using the Multiplier Method to Calculate These Damages
One of the main methods used to calculate pain and suffering damages in Arizona is called the “multiplier method.” This method involves gathering all of the calculable expenses the personal injury victim has accrued or will likely accrue as a result of the incident. Calculable expenses can include medical bills, lost wages, property damage expenses, out-of-pocket expenses, and other verifiable losses.
After adding up all of the economic, or calculable expenses, an attorney will take this dollar figure and multiply it by a set number, often a number ranging from 1.5 to 5. For example, let us suppose that an individual sustains $300,000 worth of economic damages as a result of an injury caused by another party. An attorney could choose to use a multiplier of “three” to reach a non-economic damage total of $900,000.
Using the Pre Diem Method to Calculate These Damages
“Per diem” simply means “per day,” which describes how these damages are calculated. Under a per diem method, an attorney will assign a specific daily dollar value to a person’s pain and suffering and then multiply this number by the total number of days the individual is expected to experience pain and suffering.
For example, let us suppose that a dollar value of $300 is assigned to a person’s pain and suffering. Let us also assume they will experience this pain and suffering for one year. Under this specific and theoretical calculation, an attorney would multiply $300 by 365 days to reach a non economic damage total of $109,500.
Work With an Attorney
Calculating damages after an injury occurs is incredibly challenging. A Skilled personal injury lawyer should get involved in your case as quickly as possible in order to adequately calculate all of your losses. This includes the economic damages as well as the non-economic damages you have sustained. An attorney can work with trusted medical and economic experts to help adequately calculate all of your losses so you can receive the compensation you are entitled to.
Calculating subjective non-economic losses can be challenging, and insurance carriers or legal teams for the other party will likely push back at any final dollar figure you come up with. When you have an experienced Phoenix personal injury attorney by your side, you will have an advocate ready for the other party’s challenges.