After an accident, the physical injuries are only one part of the story. The emotional and mental toll, legally known as "pain and suffering," is a significant component of any personal injury claim. But because this type of damage isn't tied to a specific bill or receipt, determining its monetary value is a complex process that requires deep legal experience.
How is "Pain and Suffering" Calculated in a Personal Injury Case?
Understanding Non-Economic Damages
In any personal injury case, damages are split into economic and non-economic losses. "Pain and suffering" falls into the latter category, representing the intangible impact of an injury. This includes physical discomfort, emotional distress, and anxiety. Our goal is to ensure these profound, personal harms are fully recognized and properly valued in your claim.
The Multiplier Method Explained
One common approach is the multiplier method, where total economic damages (like medical bills) are multiplied by a number, typically between 1.5 and 5. The multiplier reflects the severity of your injuries and their long-term impact. We argue for the highest appropriate multiplier to reflect the true extent of your suffering.
The Per Diem Calculation
Another valuation technique is the "per diem" or "per day" method. This strategy assigns a specific dollar amount for each day you experience pain and suffering, from the accident date until you reach maximum medical improvement. Our team meticulously documents your recovery journey to build a strong case for this daily compensation.
Key Factors That Influence the Value
Several critical factors determine the final value, including the severity and permanence of the injury, the strength of medical evidence, and the overall impact on your daily life and relationships. We gather compelling evidence to demonstrate how the accident has fundamentally altered your well-being, strengthening your case for maximum compensation in New York.
Calculating pain and suffering is a nuanced process requiring skilled legal advocacy. Proving the full extent of your non-economic damages is crucial for a fair settlement. At The Law Offices of Ryan Smith, Esq., we are dedicated to ensuring your story is heard and your suffering is properly valued. Contact us for a consultation to discuss your injury claim.