Medical bills, property damage, and lost wages can add up, so if you have been injured in an accident in Pennsylvania, one of your top priorities is likely recovering compensation for your economic damages. However, you also likely have suffered from non-economic damages like physical pain or mental distress. Understanding how courts calculate pain and suffering during an injury settlement is crucial in protecting your rights and legal options. Having skilled representation can make all the difference in your case, so reach out to a knowledgeable York County, PA personal injury attorney today for more information.
What Methods Do Courts Use to Calculate Pain and Suffering in an Injury Settlement?
While Pennsylvania state law does not have one set formula, there are two main methods of calculating pain and suffering during a personal injury settlement. State courts, insurance providers, and attorneys use the multiplier method and the per diem method to estimate the approximate value of a victim’s non-economic damages, like pain and suffering.
The multiplier method involves assessing the severity of the injury and its impact on the victim’s daily life and choosing a factor of 1.5 to 5 based on the answer, with 1.5 representing a low level of severity and 5 representing the highest level of severity. This factor is then multiplied by the total amount of economic damages the victim has accumulated through medical expenses, property damages, lost wages, and more. The outcome of this calculation equals the estimated value of the pain and suffering.
The per diem method is also popular. Under this method, a reasonable daily rate is assigned to the pain and suffering the victim experiences. This amount is then multiplied by the number of days that the victim suffered or is projected to suffer.
What Factors Affect the Amount of Compensation Awarded for Pain and Suffering?
The amount of compensation that you can recover for your pain and suffering after an accident is influenced by a variety of important factors. Courts will evaluate every aspect of the situation to determine what is reasonable, including:
- The severity of the injury: Serious or life-changing injuries generally warrant higher pain and suffering awards as they result in higher levels of pain, longer recovery times, and a greater impact on daily life
- The permanence of the injury: Permanent disabilities, scarring, chronic pain, and injuries that will stay with the victim forever should be granted higher amounts of compensation
- The duration of recovery: Especially when using the per diem method, the longer the recovery time, the more compensation the victim should typically receive
- The impact on daily life: If an individual was mildly affected and can go back to work after a few days or still participate in most activities, they will likely receive less compensation than someone whose entire family life, work, hobbies, and independence have been disrupted
- Supporting evidence: The credibility of the evidence is crucial, so the more detailed and consistent the documentation is, the stronger the impression it will have on the court or insurer
If you have questions or concerns about your right to compensation after an accident, consult with a skilled personal injury attorney today.
