During a personal injury settlement, the negligent party is typically expected to pay the plaintiff damages for pain and suffering. This can include money for physical pain and scarring, immobility due to the injury, and emotional distress. As the amount awarded for pain and suffering is based on each situation, it helps to know how the amount owed is calculated. 

Methods to Determine Pain & Suffering Damages

One way the judge might determine the settlement amount is to multiply tangible costs related to the personal injury—including medical bills and lost income—by a number ranging from 1.5 to five based on the severity of the accident. This is commonly known as the calculator method.

The per diem method is also prevalent. With this approach, the settlement payout is based on the number of days the plaintiff has experienced pain and suffering since the accident to the time they heal. A certain dollar amount is assigned for each day.

How Pain & Suffering Are Proven

To prove the severity of your personal injury and help ensure the desired settlement amount, it’s best to keep extensive notes on your physical and emotional health. This includes taking pictures of your injuries.

A lawyer will also help gather medical records from physicians that outline the injuries and treatment plan. Notes from therapy sessions can also be used to strengthen a claim. Finally, friends and colleagues may be called to give testimony on how the accident has affected the plaintiff’s quality of life.

If you want to embark on a personal injury case, contact the licensed counselors at The Walker Firm in Warner Robins, GA. With over 50 years of combined experience, the attorneys get clients in Houston County and Middle Georgia compensation for pain and suffering in auto accident, personal injury, and wrongful death cases. For a consultation, call (478) 923-4152. Visit the law firm online to read client testimonials.