An attorney will calculate pain and suffering in a Jacksonville personal injury claim using one of several approaches, including the multiplier or per diem methods. However, one thing these methods have in common is basing the calculation on at least one of the claimant’s economic losses, such as lost income or medical bills.
A Jacksonville personal injury lawyer on our team will help ensure the insurance company fairly compensates you for all your losses so that you can adequately recover from your accident. It’s our job to get you the money you deserve.
An Overview of Pain and Suffering in Personal Injury Accidents
Pain and suffering accounts for the physical pain and the emotional and mental distress someone endures after sustaining an injury.
For example, if you suffered a spinal cord injury in a truck accident, you may experience pain, numbness, paralysis, or a tingling sensation in the affected area and below. The discomfort and lack of mobility can impede your quality of life, as you may be unable to live independently or complete your everyday tasks.
Because Florida considers pain and suffering a noneconomic loss (e.g., Florida Statutes § 766.202(8)), it doesn’t have a specified value like medical bills. However, that doesn’t mean you don’t have a right to receive compensation for it.
Ways to Calculate Pain and Suffering in a Jacksonville Personal Injury Claim
It’s challenging to determine how much you can get for pain and suffering. Still, after reviewing your situation, a personal injury attorney can identify the most appropriate method for calculating this damage.
There’s no one way to calculate pain and suffering. Some insurers and law firms use software that helps them arrive at an appropriate figure, but they might also use one of these popular methods.
The Per Diem Method
The per diem method requires the insurance company to calculate how much you make in a day, then multiply that figure by how many days you’ve experienced pain from your injury.
For instance, if you make $45,000 per year and work 260 days, that comes to approximately $173 per day. If you’re in pain for two months, your pain and suffering damages would come to nearly $5,200.
The Multiplier Method
When the insurance company calculates your pain and suffering via the multiplier method, it will multiply your economic damages by a number from 1.5 to 5. The more severe your injuries are, the higher that number will be.
Let’s say that you suffered a concussion and whiplash and couldn’t work for three weeks, leading to economic damages totaling $12,000. The insurer might assign your case a multiplier of 2. As a result, it would award you $24,000 in pain and suffering.
What Factors Play Into Calculating Pain and Suffering Damages?
Generally speaking, the more severe your circumstances, the higher your payout for pain and suffering and other damages will be. Still, an insurance company will consider various factors when calculating your pain and suffering, such as the following:
- Types of injuries: Injuries that might qualify for pain and suffering damages include lacerations, traumatic brain injuries (TBI), nerve damage, spinal cord injuries, burns, or broken bones. Sometimes, these injuries and the trauma of the event trigger mental health challenges, scarring and disfigurement, and diminished quality of life.
- Medical treatment costs: Depending on the nature of your injuries, you might require medication, physical therapy, diagnostic assessments, mobility aids, hospitalization, or surgery. The insurer will account for the past, current, and expected care costs you could incur when determining a reasonable payout.
- Loss of income: It’s possible you had to stay home while your injuries healed. Unfortunately, severe injuries might force you to retire, cut your hours, find a new job that doesn’t pay as much as your previous one, or require vocational rehabilitation to find a position that accommodates your injuries.
Regardless of your situation, you can count on our lawyers to review the details of your case carefully and ensure the insurance company justly pays out your claim.
Sometimes, when we initially ask for a settlement, the adjuster doesn’t offer enough money to cover your losses, prompting settlement negotiations. They will proceed until we agree on a figure that adequately covers your present and anticipated losses. That’s the most likely outcome, but we are ready for trial if the at-fault party and its insurer refuse to settle out of court.
Pain and Suffering in Wrongful Death Claims
Maybe you’re filing a case on behalf of a loved one who lost their life to accident-related injuries. In that case, you could pursue compensation for the pain and suffering they endured before they passed away.
A Jacksonville wrongful death lawyer from our firm can help surviving family members recover damages for this pain and suffering, in addition to burial and funeral costs, loss of financial support, loss of society, and final medical expenses.
Act Quickly to Recover Pain and Suffering Compensation in Jacksonville, FL
Per Florida Statutes § 95.11, you typically have a two-year deadline on personal injury cases. Some situations may warrant an exception, but they’re unusual.
Not filing by the deadline could forfeit your right to collect compensation from the other party via the legal process. In that case, you would have to cover your pain and suffering, medical bills, lost income, and other losses stemming from your injury. However, you can mitigate this risk by immediately alerting our firm about the accident.
We can start working on your Jacksonville personal injury claim after an initial consultation, helping set us up to sue the other party if necessary before time runs out.
Learn About Calculating Your Pain and Suffering with Our Firm Today
Calculating pain and suffering and other damages in a Jacksonville personal injury claim can quickly prove confusing. However, the Law Offices of Anidjar & Levine can evaluate your losses and provide responsible legal help focused on your needs.
Get in touch with us today for a free consultation. Hiring our personal injury lawyers costs nothing upfront, as we work on contingency. We don’t get paid unless you do!
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