When an individual is injured due to negligence, they may file a claim against that negligent party to recover financial compensation for their losses. Victims are rightfully entitled to recover economic and non-economic damages. In the context of a personal injury lawsuit, under non-economic damages, victims can recover reasonable compensation for their pain and suffering. Pain and suffering refer to the physical and mental trauma a victim suffers due to their injuries that were caused by someone else. If you have been injured due to negligence, don’t hesitate to contact our qualified Orlando, Florida Personal Injury Attorneys who can help you seek the justice you deserve. Our firm is on your side and ready to fight on your behalf today.
What are the different types of pain and suffering?
In the context of a personal injury lawsuit, there are two types of pain and suffering victims may experience due to their injuries. The two different types are physical and mental. Physical pain and suffering refer to a victim’s actual physical injuries. Victims may suffer life-threatening and life-altering injuries due to negligence. The other type is mental pain and suffering, which refers to the psychological and emotional trauma a victim suffers due to their injuries. Catastrophic injuries can have detrimental effects that negatively impact a victim’s welfare. Physical and mental pain and suffering can cause an individual long-term pain. Through non-economic damages, victims can recover monetary compensation for their pain and suffering.
How is it calculated?
To calculate the monetary value victims may recover for this type of non-economic damage, the multiplier and per diem methods are used.
The multiplier method
The multiplier method uses an equation that adds up economic damages and multiplies that number by a “multiplier” between 1.5-5. Depending on the extent and severity of a victim’s injuries the multiplier used will vary. If a victim suffers a high degree of agony due to their injuries, the multiplier will be a high number such as 4 or 5. However, if they experience a low degree of pain the multiplier maybe 1 or 2. For example, if a victim places a value of $10,000 for their economic damages, they would determine the degree of their pain and suffering and may choose 2. This means their calculations would equal $20,000.
The per diem method
The per diem method assigns a dollar value for each day a victim suffers from their injuries. Once that number is assigned it will be multiplied by how many days the victim experienced pain because of their injuries. For instance, if an individual placed a value of $100 for each day they suffered and experienced this pain for 200 days, the monetary value would equal $20,000.
If you or someone you care about has been injured due to another person’s negligence, reach out to one of our skilled and determined attorneys. Our firm is committed to helping our clients recover reasonable financial compensation for their pain and suffering.