You have the legal right to seek compensation from the responsible party when injured in any type of accident, or by an act of negligence. Pain and suffering are compensable, but they can be difficult to pin down because they don’t leave a bruise, mark, scar or other physical sign of injury.
An important thing to keep in mind when injured after an accident is to call 911, seek medical care, and then keep a post-accident journal that documents your injuries, pain, expenses and other items of importance your lawyer will need when filing a lawsuit. Let’s take a look at how you can calculate how much your pain and suffering is worth.
The multiplier method
The most common method used to determine the value of your pain and suffering is the multiplier method. This is when your attorney will multiply your actual damages by a specific number. Actual damages are those that are tangible, including medical expenses and lost wages. For the most part, attorneys will multiply your actual damages by a number between 1 and 5. As an example, let’s say you suffered $100,000 in medical bills and $50,000 in lost wages. After adding them to together, you would be awarded anywhere between $150,000 (multiplied by 1) and $750,000 (multiplied by 5) in damages.
Many insurance companies are doing their best to avoid using a fair number. Instead, they use software programs to enter in factors from the accident along with your actual damages. The results are usually less than favorable for the injured party, which is what often leads to personal injury lawsuits being filed against the at-fault party.
The per diem method – short-term
The other method used to calculate the value of your pain and suffering from an accident is the per diem method. Per diem assessments are usually used for less severe injuries. It is somewhat similar to the multiplier method in that your attorney will look at how often you’ve visited your doctor and how long you’ve been on pain medication for your injuries.
For example, say you sustained injuries from a car accident that left you unable to work for three months. On average, you make $1000 a week, or $200 a day. If you were out of work for 90 days, you would be offered $18,000 for your pain and suffering award.
The per diem method – long term
There are occasions when we have to look at medical records and lost wages, and then figure out the loss of enjoyment of life: what things you can’t do now that you could have done before the wreck, and what your life is going to be after the wreck. Then, we take the mortality table and figure out a cost per day for the rest of your life.
We use all 3 methods to determine what is a fair and reasonable compensation that our client deserves depending on the type of case and injury.
If you have been injured because of someone else’s negligence, it’s time to call the Alabama law firm that will fight for you. Mezrano Law Firm represents clients throughout the state in complex injury and medical malpractice claims. To schedule an appointment at our office in Birmingham, Florence, Tuscaloosa, Montgomery, Gadsden or Mobile, please call 205.407.1768 or fill out our contact form.