PAIN AND SUFFERING CALCULATIONS
When you experience an injury due to someone else’s negligence in the state of Delaware, you may be entitled to compensation for your physical, emotional, and financial losses. Personal injury cases often cover medical bills, lost wages, and property damage. Another important aspect of these cases is compensation for “pain and suffering.” Pain and suffering encompass the physical pain, emotional distress, and overall impact on the quality of life caused by the injury. Calculating pain and suffering can be a complicated process, but understanding the basics is crucial for ensuring fair compensation. In this comprehensive guide, we will discuss how pain and suffering is calculated in personal injury cases in Delaware.
Factors Influencing Pain and Suffering Calculations
In Delaware, there is no specific formula or state law that prescribes the exact calculation of pain and suffering in personal injury cases. Instead, the amount is generally determined by a jury during a trial or through negotiations between the parties involved, such as the plaintiff, defendant, and their respective attorneys. Several factors are taken into consideration when determining the appropriate amount for pain and suffering compensation:
- The severity of the injury: The more severe the injury, the more pain and suffering one is likely to experience, which generally results in higher compensation. For instance, a traumatic brain injury or spinal cord damage would typically warrant a higher pain and suffering award than a broken arm or minor laceration.
- Impact on daily life: The extent to which the injury affects a person’s ability to work, engage in hobbies, or perform routine tasks plays a significant role in the calculation of pain and suffering. If the injury has severely disrupted the individual’s life, it may contribute to increased compensation.
- Duration of recovery: Longer recovery times can lead to higher pain and suffering compensation, as the injured party must endure ongoing physical and emotional challenges. A prolonged recovery may also result in additional medical expenses and lost wages, further exacerbating the individual’s suffering.
- Emotional distress: Psychological effects like anxiety, depression, or post-traumatic stress disorder (PTSD) can also contribute to pain and suffering calculations. In some cases, these emotional symptoms can be even more debilitating than the physical injury itself.
- Age and pre-existing conditions: The age of the injured party and any pre-existing medical conditions can influence pain and suffering calculations. For example, an older individual or someone with a history of chronic pain may face additional challenges during recovery, which could increase the compensation amount.
- Scarring and disfigurement: If the injury results in scarring or disfigurement, this can also contribute to pain and suffering calculations. Visible scars or disfigurement can lead to self-consciousness, social anxiety, and emotional distress, all of which may warrant additional compensation.
While there isn’t a specific formula set by Delaware law for calculating pain and suffering, there are some standard methods used to estimate the amount. Let’s have a look at these methods in a friendly and informative way.
Multiplier Method
The multiplier method is quite popular and easy to understand. In this approach, the total amount of your economic damages (like medical expenses and lost wages) is multiplied by a number that reflects the severity of your injury. The multiplier typically ranges from 1.5 to 5, where more severe injuries get a higher multiplier.
For example, let’s say your economic damages are $30,000, and your injury is considered severe enough to warrant a multiplier of 3. In this case, your pain and suffering compensation would be $90,000 ($30,000 x 3).
Per Diem Method
Another method used to estimate pain and suffering is the per diem method, which stands for “per day” in Latin. In this approach, a specific dollar amount is assigned to each day that you experience pain and suffering. This daily rate is then multiplied by the total number of days you’ve endured pain and suffering to arrive at a compensation figure.
For instance, if you assign a daily rate of $100 and you’ve suffered for 200 days, your pain and suffering compensation would be $20,000 ($100 x 200).
It’s important to note that calculating pain and suffering can be subjective, and the final amount depends on various factors such as the severity of the injury, the impact on your daily life, and the duration of your recovery. The methods mentioned above are not set in stone, and the actual amount of compensation can vary depending on the specific circumstances of your case.
If you’re pursuing a personal injury claim in Delaware, it’s a good idea to consult with an experienced attorney who can help you navigate the complexities of pain and suffering calculations. They can provide guidance on the most appropriate method to use for your case and help you seek the compensation you deserve.
Have a question about your case or that of a loved one? Give us a call. We have over 25 years of experience in Personal Injury and we are not afraid to take your case to trial if the insurance company will not give you fair and just compensation for your injuries.
Call Mary Higgins, Esq. at 302-894-4357 we can help you!
Have a question about your case or that of a loved one? Give us a call. We have over 25 years of experience in Personal Injury and we are not afraid to take your case to trial if the insurance company will not give you fair and just compensation for your injuries.
Call Mary Higgins, Esq. at 302-894-4357 we can help you!
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(This article is for informational purposes only and should not be relied upon for legal advice. Your case should be reviewed by an attorney to determine the proper legal advice for your situation.)