Pain and suffering damages, also known as non-economic damages, make up a significant portion of many personal injury awards here in New York City. Yet these awards are poorly understood by the vast majority of plaintiffs who come our way.
Here’s what you need to know about pain and suffering.
Two Calculation Methods
The courts usually use the multiplier method to calculate pain and suffering. This means they take the sum total of your economic damages and then multiply them by a number between 1.5 and 5. The highest multipliers are reserved for the most severe injuries, the ones that truly change lives.
So, for example, if you receive $100,000 in economic damages and your multiplier is 1.5, then you’d receive $150,000 in pain and suffering damages, for a total settlement of $250,000.
The second method is the per diem approach, which provides a certain dollar amount of compensation for each day that the person is injured, using wages. This method is rare.
There is no limit on damages received.
Factoring Damages
There is no specific guideline for determining what your multiplier will be. You won’t find a chart. Much depends on your attorney’s ability to negotiate a settlement.
The negotiation relies on your attorney’s ability to convey, and back with evidence, just how much pain and suffering you’ve been through. We might look at any number of factors, including:
- Loss of bodily function
- Chronic pain and discomfort
- Loss of ability to perform a job, hobby, or daily activities
- PTSD and emotional damage
- Other limitations or complications
We often urge our clients to journal their day-to-day experiences in order to document the extent to which the accident has impacted day-to-day life. The more we can show that the accident has directly impacted the patient’s life, the higher we can generally argue for the multiplier to be set.
We can also use witness statements, medical records, and other evidence to help make the extent of the damage clear.
Maximize Pain and Suffering Damages
It takes a skilled personal injury attorney to make a firm case for fair pain and suffering compensation.
If you’ve been injured in an accident, don’t hesitate. Reach out to our office to schedule a free consultation today.
