How is pain and suffering calculated in a personal injury claim?

Pain and suffering is an important part of any personal injury claim in California. The main point of determining pain and suffering compensation is to compensate an injured person for the pain and suffering associated with their injuries. In order to calculate pain and suffering, courts and lawyers use several different methods. One of the most common methods is the multiplier method, which assigns a certain number (typically somewhere between 1.5 and 5) to the economic damages (medical expenses, lost wages, etc.) that have been suffered by the person who was injured. This multiplier is used to determine the non-economic or non-monetary amount that can be awarded for pain and suffering. In some cases, a per diem method may be utilized. This method uses a daily rate of compensation and multiplies that rate by the number of days that the person was in pain or suffering from their injuries. Finally, some cases may use a specific formula to calculate pain and suffering. This formula looks at the amount of economic losses, the degree and duration of pain felt, and the extent of physical impairment experienced by the injured person. No matter which method is used to calculate pain and suffering, the purpose is the same - to provide some level of compensation to a person who has been injured due to the negligence of another. It is important to note, however, that each personal injury case is unique and the amount of compensation awarded is determined on a case by case basis.

Related FAQs

What types of cases do personal injury attorneys handle?
Can I represent myself in a personal injury case?
What is a deposition?
What is a settlement demand letter?
What is a wrongful termination claim?
What is the legal definition of negligence?
What are the differences between a trial and an arbitration?
What is no-fault insurance?
What is the collateral source rule?
What is a claim for pain and suffering?

How is pain and suffering calculated in a personal injury claim?

Related FAQs

Related Blog Posts