In Biloxi, MS, personal injury lawyers calculate pain and suffering damages using the multiplier or per diem method. They assess medical costs, injury severity, emotional distress, and long-term effects. Strong evidence, including medical records and expert testimony, helps determine fair compensation for the physical and emotional toll of an accident. Speak to attorneys for legal help for injury claims.
For many people, personal injury claims can be confusing, particularly regarding pain and suffering damages. This portion of compensation is important in understanding the pain and suffering a person has endured following an accident. So, how do personal injury lawyers come up with some number for these intangible harms? Discover the strategies and considerations that inform lawyers in this complicated process.
Pain and Suffering Defined
Pain and suffering refer to the physical and emotional anguish caused by an injury. In terms of injuries, empirical pain is a burden that restricts us in life. Anxiety and depression are another type of loss suffered. But how can these uprisings be quantified when they vary significantly from one case to another? Thus, they use particular tactics to evaluate and make the case for a reasonable settlement.
The Multiplier Method
The multiplier method is a technique that lawyers commonly use. Multiplying out the economic damages — medical bills, lost wages, etc. — by a number between one and five. The multiplier selected accounts for the types of injuries and their effects on the victim’s life. Higher multipliers are often used for more serious injuries. This decision, the factors that dictate it—recovery time, need for continued treatment, irreversible effects—all must weigh in on great levels of consideration. Expert opinions and medical records back these assessments.
The Per Diem Approach
One alternative, the per diem method, gives a dollar amount for each day of pain and suffering the victim has endured. It is multiplied by the number of days the claimant fluctuates with pain. The daily rate that is calculated is based on the daily rate of suffering and how much it encroaches on daily activity. Attorneys will then explain that they were looking at the annual number and will compare this number to daily income, providing a non-controversial rationale for the amount selected. This approach is clear and straightforward but needs careful justification to maintain fairness.
Other Influencing Factors
In addition, other aspects can be used to determine pain and suffering damages. The case often turns on the credibility of the injured party. Strong testimony about the impact of injuries improves the claim. Further reinforcing the claim are supporting docs such as medical records, psych evaluations, personal journals, etc.) Alongside eyewitness testimony, photographic evidence is important in bolstering the victim’s narrative.
Insurance Companies Have a Role to Play
Many insurance companies will have their staff use computer algorithms and software to assess pain and suffering claims. Such assessment tools account for factors such as type and extent of injuries, duration of treatment, and continuity of care. These assessments can be a useful starting point, but often, they minimize the human element of suffering. This is when attorneys most need to step in to demand proper compensation, using evidence and argumentation to advocate on behalf of their clients.
Legal Representation is Crucial
Calculating damages for pain and suffering is complicated, you need an attorney. Good lawyers who deal with personal injury have the experience and know-how to work through this complicated process. They know how the negotiations work with insurers and how courtroom presentations should take place to make sure that the injured party gets fair compensation. From medical professionals to professional relationships, attorneys work with all sorts of experts to back up those claims.
Conclusion
For these reasons, pain and suffering damages are still among the most important components of a personal injury claim, addressing how the injuries have affected a person’s life. For people seeking compensation, understanding how these damages are calculated and what factors they may affect can help demystify the process. Using either the multiplier method or the per diem method, personal injury lawyers seek to obtain just results for their clients. This allows for concrete evidence and strong negotiation of benefits, such that victims are paid what is only a fraction of what they have lost in both pain and suffering.
