How Do You Calculate Emotional Pain and Suffering Damages? (2024)

Personal injury lawyers in Boca Ratonand insurance companies usually calculate damages from emotional pain and suffering with the “multiplier method” or “per diem method.”Read on to learn more about these methods and what you can do to recover economic and non-economic losses after an accident.

What Is Pain and Suffering in a Personal Injury Case?

A severe injury can take a major toll not only on your finances, but also your way of life. If another party’s negligent actions hurt you or your loved one, you deserve compensation to pay for your medical bills and other related expenses. You also deserve compensation for how your injury affects your mental and emotional state and quality of life.

These awards, known as non-economic damages or pain and suffering damages, may include monetary payment for the following intangible losses:

• Stress
• Depression
• Anxiety
• Panic attacks
• Insomnia/sleep disorders
• Post-traumatic stress disorder (PTSD)
• Mental anguish
• Emotional distress
• Loss of enjoyment
• Reduced quality of life

Pain and suffering damages also compensate for physical side effects of your injury, such as loss of mobility, loss of limb or bodily function, scarring, disfigurement, and chronic pain.

What Is the Multiplier Method for Calculating Emotional Pain and Suffering?

The multiplier method is one common way to calculate damages for emotional pain and suffering. To employ the multiplier method, add up all of your current and future economic damages, which may include the following:

• Ambulance transportation and emergency medical treatment
• Doctor and hospital bills
• Surgeries
• Mobility aids and medical devices
• Prescription drugs
• Rehabilitation and physical therapy
• Long-term nursing
• Lost wages and employment benefits
• Lost future earnings/reduced earning capacity
• Vehicle and personal property damages
• Household services and miscellaneous expenses

Once you have calculated the sum of your economic damages, your lawyer will multiply it by a number between 1.5 and 5 to get an estimated amount of your deserved non-economic damages. In general, the more severe your injury is, the higher your multiplier will be.

How Do You Calculate Emotional Pain and Suffering Using a Per Diem Rate?

Per diem means “per day.” To calculate emotional pain and suffering damages using the per diem method, you assign a daily rate (usually based on your current daily wage) and multiply the figure by the duration of your pain and suffering.

So, for example, if your per diem rate is $200 and it will take you three months (roughly 90 days) to recover from your injury, your requested pain and suffering compensation would be $18,000.

Factors That May Affect Your Personal Injury Settlement or Verdict

Many factors can affect how much economic and non-economic compensation you can recover for a personal injury. Variables that will influence your settlement or verdict include the following:

• The severity of your injury
• The length of your recovery
• How your injury impacts your daily life
• How your injury affects your relationships
• The cost of your medical treatment
• Your current wages
• Whether or not you can return to work

Can Working With a Personal Injury Attorney Increase Your Compensation?

Hiring a lawyer does not guarantee a higher settlement. However, a personal injury attorney with our firm can do the following to potentially increase your compensation:

• Identify and calculate all of your tangible and intangible losses
• Verify your economic damages using receipts, bills, pay stubs, and estimates
• Fight to ensure the insurance company (or opposing counsel) uses a fair multiplier or per diem rate to calculate your pain and suffering damages
• Aggressively negotiate on your behalf
• Review your settlement offers, refuse lowball payments, and protect you from bad-faith insurance tactics

Do You Have Grounds for a Personal Injury Claim?

You may have the right to personal injury compensation, including damages for emotional pain and suffering, if you sustained an injury due to another party’s negligent or wrongful actions. Our legal team assists clients with cases involving the following:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Boat accidents
• Bicycle accidents
• Pedestrian accidents
• Construction accidents
• Slip and fall injuries
• Dog bite injuries
• Wrongful death of a loved one

We will investigate the accident that caused your injury or your loved one’s death and build a solid case proving your right to recover damages. We will do the following to ensure you receive fair compensation:

• Collect case evidence, including police reports, medical records, eyewitness statements, and expert testimony
• Identify liable parties and prove their negligent behavior caused your injuries
• Prepare and file your insurance claims and legal paperwork
• Handle case-related meetings, emails, and phone calls
• File a lawsuit
• Take your case to trial if the insurance company refuses to offer you adequate compensation

How Long Do You Have to Take Legal Action?

Constructing a robust case and working through a claim for pain and suffering can take time, so you should act quickly to avoid missing the statute of limitations deadline.

Clients in Florida have two years to file a lawsuit for personal injury or wrongful death, according to Florida Statutes § 95.11. If the deadline expires, the court will likely refuse your case. The laws will also affect your insurance claim because removing the threat of a lawsuit significantly reduces your bargaining power. You could end up with a denied claim or insufficient payment and no options for legal recourse.

Contact Ged Lawyers Today to Learn More About Pain and Suffering Damages

If you or your loved one suffered a personal injury, Ged Lawyers is here for you. Our legal team offers personalized, responsive legal services that get real results. We will fight to ensure you receive fair awards for your economic losses and emotional pain and suffering.

Because we do not want your current financial situation to stand in the way of justice, we work on contingency, meaning we ask for no upfront costs or fees. We only get paid if and when we win your case. Contact us today to schedule a free, no-obligation consultation.