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How is Pain and Suffering Calculated in an Injury Claim?

Posted on behalf of Anderson Cummings on Jun 09, 2020 in Personal Injury

pain-and-suffering-male-patient-in-hospital-bedWhen people are injured in an accident that was caused by the negligence of another party, the injured victim could be eligible for multiple forms of compensation. One of these forms of compensation is called “pain and suffering”.

This type of compensation is difficult to put a number on since only the victim knows how severe the pain and suffering really is. Having an experienced attorney on your side could help calculate and determine a fair amount of compensation for these damages.

The Fort Worth personal injury lawyers at Anderson & Cummings are available to discuss your claim in an evaluation that is free of cost. You will not be required to hire our firm and your information is completely confidential. We only receive payment if we acquire funds for your claim.

Below, our lawyers help explain how pain and suffering is calculated in a personal injury claim.

What Counts as Pain and Suffering in an Injury Claim?

There could be various forms of pain and suffering, depending on the severity of your injuries and the length of time it takes to recover. Since no two accidents are the same and no two people are the same, some people may suffer more than others, even when they have similar injuries.

Although there are a multitude of possible effects after a severe injury, some of the most common forms of pain and suffering are:

  • Physical pain
  • Mental anguish
  • Emotional distress
  • Anxiety
  • Insomnia
  • Diminished quality of life or lost enjoyment of life
  • Loss of companionship

The Fort Worth personal injury lawyers at Anderson & Cummings understand the difficulties individuals and families face when someone is seriously injured. If your claim is viable, we are prepared to protect your rights and obtain the maximum compensation available on your behalf.

Determining Pain and Suffering

There are several factors to consider when determining your pain and suffering. Insurers, judges and juries usually look at how much pain you sustained at the time of the accident and how much suffering you will most likely endure during the recovery period. Other factors may include:

  • Recurring pain
  • Additional pain from medical treatments needed
  • Psychological and emotional trauma
  • Discomfort from being in certain situations
  • How the injury has changed your lifestyle
  • Whether you experience additional pain from doing certain tasks

What is the Multiplier Method in Texas?

Insurance companies in Texas use the multiplier method to determine the value of pain and suffering in personal injury cases. The insurer will add up your medical expenses and lost income from missing work and multiply the sum on a scale between 1.5 and five, depending on the severity of your injuries. Life threatening injuries would get a four or five and minor injuries may receive a 1.5 or 2.

For example, if you were in a car accident and suffered a broken arm and had to miss time from work, the insurance company might only give you a 1.5. However, if you sustained serious brain damage and had to endure months of therapy, you might receive a four or five for the multiplier method.

Is There a Limit to the Amount of Compensation for Pain and Suffering?

In Texas, although there are no limits to the amount of pain and suffering you could receive in a car accident, premises liability, slip and fall or defective product claim, there is a damage cap of $250,000 on pain and suffering for a medical malpractice claim.

If the multiplier method comes out to be higher in a medical malpractice case, you would not be able to receive more than the $250,000 limit for pain and suffering.

What is the Per Diem Method?

Another way pain and suffering could be calculated is by using the per diem method. This method involves counting the total number of days of pain and suffering and multiplying it by a specific daily rate.

For example, if the injured victim endured 60 days of pain and suffering, and the determined value of the daily rate was $200 per day, the victim would receive $12,000.

Learn More About Your Rights From a Legal Professional

Having a qualified attorney on your side may help you receive the compensation needed for pain and suffering and other damages you sustained. At Anderson & Cummings, we know what it takes to obtain the maximum compensation available for pain and suffering. We have a proven track record, obtaining millions in verdicts and settlements.

Contact our firm for your free case evaluation today. We charge you nothing to discuss the details of your claim and you do not pay us for any lawyer fees unless we recover compensation for you.

Call our firm at (817) 920-9000 for a no cost, no-obligation consultation.