Legally, when an individual is injured due to another person’s negligence they are entitled to recover monetary compensation for their economic and non-economic losses. Injuries can cause devastating and life-altering physical and mental trauma that negatively affects an individual’s welfare. If you have been injured due to negligence, contact a knowledgeable New York City Personal Injury Attorney who can help you recover non-economic damages for your pain and suffering.
What does “pain and suffering” mean?
Victims may experience two types of pain and suffering due to their injuries caused by another person’s negligence. The two types of pain and suffering are physical and mental. Physical pain and suffering refer to the actual injuries a victim experiences. While mental pain and suffering refer to the psychological trauma victims suffer due to their injuries. Physical and mental pain and suffering can have long-lasting effects on a victim’s overall well-being.
How is it calculated?
Depending on the extent and severity of a victim’s injuries, the calculations for pain and suffering are determined by using the multiplier and per diem methods. Both of these methods use a specific equation to determine the monetary value of a victim’s pain and suffering.
This calculation is done by collecting the total amount of economic damages and then multiplying that number using a multiplier between one and five. Depending on an individual’s injuries the higher the pain the higher the multiplier. This means if an individual’s total economic damages which may include past and future medical bills amount to $10,000 and their degree of pain is a 3, the total amount would equal $30,000.
Per diem method
The per diem method does not use economic damages to calculate the monetary value of pain and suffering. Instead, the per diem method assigns a specific dollar value to each day a victim suffers from their injuries. Once that number is determined, that number will be multiplied by the number of days the victim suffered pain due to their injuries. For instance, if an injured individual placed a $200 value for each day and endured that pain for 200 days, the total amount would equal $40,000.
In certain personal injury cases, the multiplier and per diem methods are not suitable equations for determining the monetary value of an individual’s pain and suffering. Other methods may be more appropriate as some injuries leave long-term damages. Additionally, the overall decision regarding the amount a victim is owed is up to the judge and jury. The judge and jury will listen to the victim’s claims and consider the following:
- The extent and severity of a victim’s injuries
- The consistency of the victim’s claims
- The credibility of the testimony
- The healthcare provider’s testimony supports the victim’s claims
- The future problems a victim will suffer because of their injuries
- Whether or not the claim makes sense for the injury
- Whether or not the victim has a criminal record
If you or someone you love has been injured due to negligence, don’t hesitate to reach out to one of our trusted and determined attorneys. Our firm is committed to helping our clients recover reasonable compensation for their losses.