When it comes to personal injury cases, one of the most critical components that a lawyer evaluates is pain and suffering damages. Pain and suffering refer to the physical pain and emotional distress a victim endures as a result of an injury caused by another party’s negligence. These damages are non-economic in nature, meaning they don’t have a specific monetary value like medical bills or lost wages do. They’re subjective and vary greatly from case to case, making their calculation complex.
A lawyer’s evaluation process begins with understanding the client’s situation thoroughly. This includes gaining deep insights into how the accident happened, what injuries were sustained, how severe these injuries were, what kind of medical treatment was required, how long the recovery period was expected to be, and how all this affected the individual physically as well as emotionally.
In evaluating pain and suffering damages, lawyers often use two primary methods: The ‘Multiplier Method’ and ‘Per Diem’ (daily rate) method. In the multiplier method, actual economic losses such as medical bills and lost income are multiplied by a certain number (usually between 1.5 – 5) based on severity of injuries; higher multipliers for more serious cases. For example if someone had $50k in economic losses due to broken leg requiring surgery & lengthy rehabilitation period plus significant impact on daily life might warrant multiplier of 4 resulting in $200k for pain & suffering.
The Per Diem method involves assigning a dollar amount for each day from date of accident until plaintiff reaches maximum recovery level; arguing that plaintiff should receive certain amount for every day they’ve lived with pain caused by accident.
While these methods provide starting points for calculating damages related to pain & suffering there is no strict formula used universally because every case is unique with its own set circumstances affecting overall impact on person’s life.
Lawyers also consider other factors such as age of injured party; younger people may receive larger awards due to longer life expectancy and therefore longer period of suffering. Likewise, a person with active lifestyle may receive larger award if injury significantly hampers their ability to participate in activities they once enjoyed.
Lastly, the lawyer will also consider how the jury might perceive the plaintiff. If the plaintiff is likeable and can effectively communicate their pain and suffering, they are more likely to receive higher damages. On contrary, if plaintiff is not sympathetic or credible, it could adversely affect amount awarded.
In conclusion, evaluating pain and suffering damages involves a complex process that requires extensive knowledge of legal principles and human psychology. It’s crucial for victims to hire experienced personal injury lawyers who know how to accurately assess these types of damages and advocate effectively on their behalf.
Munley Law Personal Injury Attorneys
27 N 6th St, Stroudsburg, PA 18360
15703384494
