Emotional pain and suffering refer to the mental distress and trauma an individual experiences due to an accident or injury. Calculating emotional pain and suffering differs from calculating medical bills or lost wages since it involves non-economic damages. Non-economic damages do not have a clear monetary value, making it challenging to determine the exact amount.
The multiplier method
One common method used to calculate emotional pain and suffering involves the multiplier method. This method multiplies the actual damages, such as medical expenses, by a number between 1.5 and 5. The severity of the injury and its impact on the victim’s life determine the exact multiplier. For example, if someone has $10,000 in medical bills and the court uses a multiplier of 3, the emotional pain and suffering award would total $30,000.
The per diem method
Another method used to calculate emotional pain and suffering involves the per diem method. This method assigns a daily value to the emotional distress and multiplies it by the number of days the victim experienced emotional pain. The per diem method often relies on the victim’s daily income as the basis for the daily rate. For instance, if someone experiences emotional pain for 200 days and the daily rate totals $100, the compensation would equal $20,000.
Calculating emotional pain and suffering involves careful consideration
Emotional pain and suffering claims with personal injury cases involve complex calculations. Understanding these methods helps individuals better navigate their cases and ensures they receive the compensation they deserve.