How Is Pain and Suffering Calculated?
- Calculating Pain and Suffering by Using a Multiplier Method
- Using a More Subjective Method to Calculate Pain and Suffering Damages
- Per Diem Calculations of Pain and Suffering Damages in Washington
- Understanding the Difference Between Economic and Non-Economic Damages in Our State
- Caps on Pain and Suffering Damages in Washington State
- How Long Do You Have to Seek Compensation for Pain and Suffering?
- Can You Go Back and Ask for Pain and Suffering Damages After You Settle Your Injury Claim?
- Call Herschensohn Law to Learn More About Calculating Pain and Suffering
There is no single formula for calculating pain and suffering damages in Washington State. There are several different methods for determining the amount of pain and suffering damages a person can recover from the party who injured them through negligence.
There is not a flat rate or automatic amount of compensation a person can collect for pain and suffering damages in Washington because these losses differ in every case. The bottom line is that the jury can use the method they feel is appropriate in the specific case, subject to certain guidelines. If you were hurt due to another’s negligence, personal injury lawyers can help you determine the value of your pain and suffering.
One of the more common methods used to calculate pain and suffering damages is to take the total medical expenses and apply a multiplier to that number. For example, if the jury uses a multiplier of 3 for a person with $20,000 in medical expenses, the award for pain and suffering damages would be $60,000 in addition to the $20,000 in medical expenses.
Pain and suffering damages are supposed to represent the amount that the jury feels the person deserves for the physical discomfort and emotional distress they endured from the accident and their wounds. Choosing the amount of the multiplier, which will usually fall between 3 and 7, is highly subjective.
Sometimes, the jury decides that the multiplier method is not fair because the resulting calculation of damages would be entirely inadequate. In a situation like this, the jury might opt for a different approach called the severity of damages or effect on the injuries in the specific individual.
Some devastating wounds might not generate much in the way of medical bills, but the plaintiff suffers greatly, despite the relatively low healthcare costs.
Suppose a teenager lost a leg in a crash with a careless driver. The medical services were completed shortly after the collision, but the teenager has to deal with the impact of the amputation on their life every day. The effect on the teen’s life will greatly exceed the medical bills, even with the highest multiplier.
“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”
“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”
“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”
“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”
“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”
Yet another approach to the issue of calculating pain and suffering damages in our state is the per diem method. You might be familiar with the “per diem” concept if your employer reimburses you for some business expenses, like meals when traveling for the company, on a per diem basis.
Per diem calculation assigns a daily dollar value to pain and suffering. Let’s say that the jury feels your pain and suffering was worth $200 a day. If you experienced discomfort and distress for six months after the accident, your pain and suffering award would be $36,400, which represents 182 days at $200 a day.
It could help you understand pain and suffering damages better if we clarify the different kinds of losses you might experience after getting hurt because of someone else’s negligence in Washington State.
RCW § 4.56.250 defines economic damages as verifiable losses that have an objective value. Examples include:
- Medical expenses
- Loss of income
- Reduced earning capacity
- Property damages costs
On the other hand, non-economic damages are non-monetary losses that hold a subjective value. Common non-economic damages include:
- Loss of consortium
- Pain and suffering
- Inconvenience
- Mental anguish
- Disability
- Disfigurement
- Loss of society or consortium
- Emotional distress
There are some caps on non-economic damages like pain and suffering. The formulas and circumstances of these caps can be confusing, so you will want to talk to a personal injury team about whether your injury case is subject to any limitations on non-economic losses.
You might have a case for economic and non-economic damages, but if you wait too long to take legal action, you might get barred from recovering any compensation. The at-fault party and their liability insurer could avoid paying any money in that situation.
RCW § 4.16.080 is the statute of limitations that applies to personal injury and wrongful death lawsuits. The filing deadline for these cases is usually three years. If you have not settled your claim yet, you might need to file a lawsuit to protect your right to pursue compensation.
Some people make the mistake of thinking that they do not have to worry about the filing deadline because they want to settle their case rather than litigate it. Unfortunately, since the defendant is no longer liable for the accident after the statute of limitations expires, the insurance company will stop negotiating with you at that point.
No. When you settle your injury claim, you must sign several documents, including a release of liability. This release prevents you from ever again making a claim or filing a lawsuit against the defendant or their insurance provider for anything arising out of the accident.
If you realize later that you forgot to include something in your claim, like pain and suffering, you can never go back and ask for additional money for this item. Working with personal injury lawyers who fight for you to get all the compensation you deserve could help you avoid this unpleasant outcome.
The lawyers at Herschensohn Law are passionate about helping people who get injured because of someone else’s carelessness. Give us a call today to get started. The initial consultation is free.
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