How is pain and suffering calculated in a personal injury claim?
Pain and suffering are non-economic damages that, in Washington, are calculated by a jury or judge. Pain and suffering, put simply, is the physical and emotional distress caused by an injury. The calculation of pain and suffering consists of the severity of the injury, the duration of pain and the impact the injury has had on the victim’s quality of life. Laypeople tend to rely on the “multiplier method” to calculate pain and suffering. The multiplier method is based on the fact that if a victim is compensated only for economic losses, they will be left unpaid for the pain and suffering caused by the injury. This method multiplies the economic loss by a number that reflects the severity of the injury and its effect on the person’s life. Therefore, if the economic loss is $10,000 and the multiplier is 4, the pain and suffering would be worth $40,000. Other factors that the jury or judge may consider while calculating pain and suffering include medical bills, lost wages, medical treatments, and the impact that the injury has had on the victim’s physical and emotional functioning. In Washington, the severity of the injury and the duration of the pain and suffering also plays an important role in the calculation. The amount of compensation for pain and suffering varies from case to case, as each case involves different facts and the amount is ultimately determined by the jury or judge. Therefore, it is important for people to consult a qualified attorney to ensure that their claim is accurately valued and that they receive fair compensation for their pain and suffering.
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