How Are Pain and Suffering Damages Calculated?

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Were you injured in an accident? Did someone cause you a personal injury because of their negligence or wrongful acts? If so, you could receive damages by filing a personal injury claim. 

Damages are the remedy the law provides injured victims. They include economic damages, such as out-of-pocket expenses, lost wages, property damage, and medical bills.

You can also recover damages for your pain and suffering. These damages are referred to as non-economic damages. Understanding what is included in pain and suffering damages can help you maximize these damages to increase how much your personal injury case is worth.

What Are Pain and Suffering Damages?

Pain and suffering damages represent your physical, emotional, and mental suffering. They also include the harm and distress caused by disabling conditions caused by your injuries. Examples of pain and suffering damages in a Seattle personal injury case include:

Physical Pain and Suffering

The injuries you suffer can cause extreme physical pain and discomfort. Common injuries sustained by accident victims include, but are not limited to:

• Broken bones and fractures
• Neck injuries, including whiplash
• Traumatic brain injury
• Soft tissue injuries
• Loss of limbs and amputations
• Internal organ damage
• Chest injuries
• Spinal cord injury and paralysis
• Severe burns
• Crushing injuries

The medical treatments required to treat your injuries can also cause severe physical pain and suffering. Some injuries can result in lifelong chronic pain, which can be debilitating. 

Emotional Distress

Medical treatments and pain can contribute to the emotional distress an accident victim experiences. Emotional distress and mental anguish include conditions that could impair a person’s ability to live a full life. Examples and warning signs of emotional distress include:

• Post-traumatic stress disorder (PTSD)
• Chronic anxiety
• Severe depression
• Grief
• Embarrassment about an impairment or disabling condition
• Insomnia
• Fear
• Eating disorders
• Cognitive changes 
• Night terrors and panic attacks
• Mood and emotional changes

The psychological impact of an accident should not be downplayed. Injured parties may require counseling and therapy to deal with the emotional distress caused by an accident or personal injury.

Diminished Quality of Life 

Whenever a person is injured, the consequences of the injury can impact their quality of life. The type and severity of the injury determine the effect on a person’s quality of life. The victim’s quality of life and lifestyle before the injury also influence how much their quality of life changes. 

A diminished quality of life claim seeks compensation for loss of enjoyment of life, the inability to participate in favorite activities, and other modifications the person must make because of their injuries. A person may also be unable to care for their personal needs or return to work.

How Much Are My Pain and Suffering Damages Worth?

Putting a price on someone’s pain and suffering is difficult. However, we must do that when we file a personal injury claim. Washington State does not have a statutory formula for calculating non-economic damages, but there are two methods that are commonly used. 

The multiplier method is one of them. We multiply the amount of economic damages by a number between 1.5 and five (i.e., the multiplier). 

The factors in the case are used to determine the multiplier. Factors we consider when assigning a multiplier include, but are not limited to:

• The type of injuries you sustain
• The medical treatments required 
• The severity of the injuries, including whether the injuries result in a disability or impairment
• The duration of your recovery period
• Whether you are able to perform any activity to earn a living
• The impact of your injuries on your daily activities and personal relationships
• Your appearance before and after the injury, including scarring and disfigurement 
• Your ability to care for your daily needs, including eating, grooming, dressing, and bathing 

Generally, the more severe the injuries and the impact of those injuries, the higher the multiplier. For example, if you sustain total paralysis because of a spinal cord injury, the multiplier may be five. However, if you sustain a fracture that heals completely within a few weeks, the multiplier might be closer to 1.5 or two.

If you do not sustain a permanent injury, the insurance company may suggest using a per diem method for pain and suffering damages instead. A per diem is the daily amount the company pays you for pain and suffering. The amount is based on factors similar to those listed above.

Per diem payments are paid for your recovery period. The recovery period begins on the day of your injury and runs through the date your doctor releases you from care. The per diem method may result in less money for your claim, so always talk to an attorney before agreeing to a per diem. 

How Do You Prove Pain and Suffering Damages in a Seattle Personal Injury Claim?

Pain and suffering damages are available in all types of personal injury cases. Examples of accidents and situations that could result in injuries, pain, and suffering include:

• Car accidents
• Construction accidents
• Bicycle accidents
• Dog bites and animal attacks
• Slip and fall accidents (premises liability)
• Boating accidents
• Pedestrian accidents
• Workplace accidents
• Truck accidents
• Defective products (product liability)

Proving pain and suffering damages can be tricky because these damages are subjective. Each person suffers uniquely. 

However, keeping a journal can help your attorney build a case for pain and suffering damages. A pain and suffering journal details your recovery, including your pain levels, things you cannot do, and your emotional state. It also helps to take photos of your injuries throughout your recovery to add to your journal.

Family and friends may also testify regarding your suffering after an accident. They provide information about how your injuries impacted your activities and relationships. 

An experienced Seattle personal injury attorney understands how to use the evidence in your case to support a pain and suffering settlement. 

Injury lawyers also know how to deal with the insurance company. The insurance provider will downplay your suffering and argue for a much lower value for damages. Our attorneys fight to get you a fair amount for your pain and suffering claim. 

Contact Us for a Free Consultation With a Seattle Personal Injury Lawyer

You deserve to be compensated for all damages sustained because of another party’s negligence or intentional torts. Our lawyers at Davis Law Group Car Accident and Personal Injury Lawyers aggressively pursue all sources of compensation to maximize your recovery. Call now for a free consultation with one of our experienced Seattle personal injury attorneys.