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How Are Pain & Suffering Calculated in a Personal Injury Claim? September 21, 2020

Chardon, Geauga
How Are Pain & Suffering Calculated in a Personal Injury Claim?, Chardon, Ohio

When a personal injury occurs, the plaintiff isn’t only dealing with tangible damages. In addition to physical injuries and property damage, they may also be experiencing mental and emotional repercussions. Luckily, they can also obtain compensation for this type of hardship, commonly known as pain and suffering. Here’s a closer look at how these damages are calculated and how an attorney supplies proof.

What Methods Are Used to Calculate the Damages?

Whether the plaintiff was hit by another vehicle while driving or slipped and fell in a grocery store, they might have to spend months at home while their injuries heal. This time off work, the inability to support their family, and the interruption of physical activities like exercise and hobbies can make them feel sad, scared, and uncertain about their future. 

Luckily, personal injury attorneys can use two methods to figure out how much this suffering is worth. With the calculator method, a number between 1 and 5 is chosen to represent the severity of the plaintiff’s injury. This number is then multiplied by the total amount of actual damages caused by the accident, including medical bills and lost wages. The resulting number is the estimated amount of compensation they deserve in exchange for their mental pain and suffering. 

Other attorneys will use the per diem method. To come up with an estimate, they’ll multiply the number of days in the plaintiff’s recovery by a daily dollar amount, depending on the severity of the injury. For example, if the individual was recovering for 60 days, and each day was allotted $100, they would receive $6,000 in pain and suffering compensation.

How Are These Damages Proved?

personal injuryTo prove that pain and suffering resulted from someone else’s negligence, your attorney must have concrete evidence of the injuries themselves. For example, records of your initial doctor or hospital visit and a report detailing your diagnosis will set the stage for the argument.

You can further support your case by keeping a journal during your recovery and spelling out your symptoms and any side effects of your medications and treatments. If possible, you may want to take photos of your injury as it heals. All these qualitative descriptions will paint a picture of your experience and serve as a testament to your pain and suffering.

 

If you’re dealing with a personal injury, trust in the attorneys at Ibold & O'Brien to take your side. Since 1980, this Chardon, OH, firm has represented clients throughout Geauga and Ashtabula counties. In the Martindale-Hubbell® rating system for ethics and legal competency, they’ve gained an AV rating, the highest possible level. To learn more about the legal team, visit the website. Call (440) 285-3511 to schedule a consultation with a lawyer today.

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