From a legal perspective, “pain and suffering” is the term used to describe the state of distress that accompanies a personal injury. There are two types of pain and suffering: physical pain and suffering, which stems directly from the discomfort of one's physical injuries, and emotional pain and suffering, which is the mental anguish and upheaval resulting from the trauma of the accident. But given the fact that pain is such a subjective experience, how do insurance companies and injury attorneys calculate pain and suffering in injury settlements? Any of the three methods below might be employed.

3 Ways to Calculate Pain & Suffering in Injury Settlements

1. Multiplying Actual Damages

One common path to quantifying pain and suffering involves multiplying a victim's tangible damages. Once matters such as medical bills, lost wages, and the costs of ongoing health care are determined, the total is multiplied by a number between 1 and 5 that corresponds to the level of pain and suffering the victim has experienced. A multiplier of 1 is a relatively mild case of physical or emotional distress, while a 5 is a major, life-altering, and debilitating level of discomfort.

2. Utilizing a Per Diem System

Per diem is Latin for per day. With this system, an insurer or attorney will assign a dollar amount for pain and suffering to each day of the victim's recovery, from the date of injury to the date of full health. The amount will vary between cases as it is based on the severity of pain the victim has to endure.

3. Using Computer Programs

While injury lawyers typically use either of the above methods when calculating pain and suffering, insurance companies do not have to follow these protocols, nor do they have to honor a claimant's request for damages based on one of these protocols. In fact, many insurers use computer programs to determine pain and suffering amounts in injury settlements. Such programs consider the type of injury, the usually prescribed treatments, and the industry standards for the degree of pain and suffering typically associated with the type of injury.

Regardless of how the exact number is arrived at, pain and suffering is a common damage sought in injury settlements. If you've been hurt in an accident for which you are not at fault, trust the injury and accident lawyers at Peck & Peck Attorneys at Law to get you the needed compensation. They have more than 35 years' experience serving Hartford County, CT, in all aspects of personal injury cases. Call (860) 236-4782 or visit their website to arrange a free consultation today.