Most people focus on the physical and financial effects of a personal injury, but the law also addresses the intangible tolls an injury can take. Most injuries can cause ongoing physical pain, mental distress, and more. Seeking compensation for these losses is challenging, yet just as important.
At Mezrano Alabama Injury and Car Accident Lawyers, we pursue all types of compensable losses for our clients. Our Montgomery personal injury attorneys know that pain and suffering are significant components in personal injury cases in Alabama, as they account for the non-economic damages you have endured. Our dedicated team is here to determine and calculate these damages, ensuring that you receive the full compensation you deserve.
Reach out to Mezrano Alabama Injury and Car Accident Lawyers today for compassionate legal representation.
Economic vs. Non-Economic Damages for Personal Injuries
In a personal injury case, damages are typically categorized into two main types: economic and non-economic. Economic damages refer to the financial losses incurred as a result of the injury, such as medical expenses, lost wages, and property damage. These damages are quantifiable and can be easily calculated based on receipts and documentation.
On the other hand, non-economic damages are more subjective and relate to the intangible losses suffered by the victim, including pain and suffering. Putting a monetary value on these non-economic damages can be more difficult, as they do not have a clear dollar amount attached to them.
When pursuing a personal injury case in Alabama, it is critical to consider both economic and non-economic damages to ensure that you receive fair compensation for all aspects of your suffering.
Understanding Pain and Suffering in Personal Injury Cases
When you are involved in an accident resulting in injuries, the pain and suffering you experience may extend far beyond the physical injuries you sustain. Pain and suffering include the physical discomfort, emotional distress, trauma, and mental anguish that can arise from the incident and severe injuries.
These non-economic damages are inherently more challenging to quantify compared to medical expenses or lost wages that come with records and receipts. However, they are important components that you should never overlook in a personal injury case.
Common Methods of Calculating Pain and Suffering
You might realize the importance of non-economic damages, but how is pain and suffering calculated? Two common methods are utilized by attorneys and insurers to calculate pain and suffering.
Multiplier Method
The Multiplier Method involves assigning a multiplier to the total value of economic damages, such as medical bills and lost wages. This multiplier typically ranges from 1.5 to 5, depending on the severity of the injuries and the effects they have had on the victim’s life. The more severe the injuries and the greater the impact on the victim’s daily activities, the higher the multiplier will be.
By using the Multiplier Method, our attorneys can provide a rough estimate of the intangible damages associated with pain and suffering. This method offers a way to quantify these subjective losses and negotiate a fair settlement with insurance companies or present a compelling case in court.
Per Diem Method
In contrast, the Per Diem Method involves assigning a specific dollar amount to each day the victim has experienced pain and suffering as a result of the accident. This daily rate is determined based on various factors, including the nature of the injuries, the duration of recovery, and the emotional distress endured.
The Per Diem Method allows for a more detailed and specific calculation of pain and suffering damages, as it takes into account the ongoing impact of the injuries on the victim’s life. By calculating a daily rate for these intangible losses, attorneys can provide a more precise estimation of the compensation deserved for the pain and suffering endured.
Both the Multiplier Method and the Per Diem Method offer valuable approaches to calculating pain and suffering damages in personal injury cases. By working with our skilled attorneys who understand these methods and how to apply them effectively, you can ensure that your intangible losses are properly valued. This allows you to seek fair compensation for the physical and emotional toll of your injuries, avoiding acceptance of an inadequate settlement amount.
Factors Considered in Calculating Pain and Suffering
Several factors are considered when calculating pain and suffering and proving the value of your claim to insurance companies. These factors may include the following.
Severity of Injuries
The extent and severity of your injuries play a significant role in determining the amount of compensation for pain and suffering. Severe injuries that result in long-term or permanent disabilities typically lead to higher non-economic damages.
Medical Treatment
The type and duration of medical treatment you require following the accident can also influence the calculation of pain and suffering. Extensive medical procedures, ongoing therapy, and rehabilitation may indicate a higher level of pain and suffering.
Impact on Daily Life
The impact of your injuries on your daily life, activities, and relationships will be considered. If your injuries restrict your ability to perform routine tasks, participate in hobbies, or maintain relationships, this can contribute to the calculation of non-economic damages.
Psychological Effects
The psychological effects of the accident, such as post-traumatic stress disorder (PTSD), anxiety, depression, or fear of future incidents, are crucial in evaluating pain and suffering. These emotional struggles can significantly affect your quality of life and overall well-being.
Duration of Recovery
The length of time it takes for you to recover from your injuries can also affect the calculation of pain and suffering. Prolonged recovery periods and lingering pain can lead to higher non-economic damages.
Contact Our Montgomery Personal Injury Attorneys for Legal Support Today
If you have a potential personal injury case in Alabama and need assistance with pain and suffering calculations and the legal process in general, Mezrano Alabama Injury and Car Accident Lawyers are here to help. Our dedicated injury attorneys are committed to advocating for your rights and ensuring that you receive the compensation you deserve for your pain and suffering, among other losses.
Contact Mezrano Alabama Injury and Car Accident Lawyers to set up a free case evaluation now. You have nothing to lose by exploring your legal options.