Jurors and judges use two different methods to determine the value of pain and suffering: the Multiplier method and the Per Diem method.
When you get into a car accident, the financial consequences aren't just limited to lost wages and medical bills. They go far beyond that. You will probably experience a diminished quality of life, physical pain, emotional distress, and more.
In legal terms, all of these impacts are collectively referred to as pain and suffering. Courts, of course, realize that these damages are real, but calculating the value can be challenging, since it's hard to put a price tag on them.
As a result, judges, juries, and insurance companies use several methods and factors to estimate fair car accident compensation.
The Multiplier Method
This is the most common method for determining the value of pain and suffering.
In this approach, economic damages, such as medical bills and lost wages, are multiplied by a number that reflects the severity of the injury.
For example, if a victim's economic damages total $20,000 and the court applies a multiplier of three, the pain and suffering portion could be calculated as:
$20,000 × 3 = $60,000
You might wonder how the jury decides on the multiplier, but it usually ranges from 1.5 to 5 and depends on the seriousness of the injury and its long-term effects on the victims' quality of life.
If there are permanent physical limitations, and the victim is in serious physical pain, then the jury would use a higher multiplier number, like 5. And vice versa.
The Per Diem Method
Another method used to determine legal compensation for pain is Per Diem, where the jury assigns a daily value to the victim's suffering. The court determines a reasonable daily amount and multiplies it by the number of days the person is expected to experience pain related to the injury.
For example, if the court values pain and suffering at $150 per day and the recovery period lasts 200 days, the total compensation would be:
$150 × 200 = $30,000
Again, this might seem like a random number, but the jury does calculate it using some estimate of the ongoing impact of the injuries. It is subjective, but it's the best the courts can really do, as pain and suffering are quite subjective in themselves.
The Role of Jurors and Judges
As you can see, the jurors and judges do play a significant role in figuring out the compensation deserved by victims. That's why having an excellent car accident lawyer Phoenix is so crucial when fighting for your rights after a car accident. Don't try to go at it alone when trying to get an injury settlement!
Calculating Pain and Suffering Is Complicated
It's not easy for anyone to figure out how much pain and suffering compensation to award a victim. However, the two methods listed above do give some guidance and direction in the matter.
Hiring a good car accident lawyer can help you greatly in fighting your legal case in the courts.
Please read through related articles on our website to stay informed.
This article was prepared by an independent contributor and helps us continue to deliver quality news and information.