How Much is Your Pain and Suffering Worth?
For decades, juries, judges and attorneys have wrestled with the issue of pain and suffering in personal injury cases. The truth is that Pain and Suffering make up approximately half of all personal injury settlements. A court may consider many justifications and theories when determining the value of pain and suffering.
In personal injury cases, the moral justification for awarding pain or suffering is often based upon two theories:
- Providing adequate deterrence to the at-fault party so that they might think twice about committing the same negligent act again;
- Spreading the losses including pain and suffer from the victim to a larger group of people under a defendant’s insurance.
- Compensating the injured party for the suffering they have endured even if its not directly financial eg. lost wages.
Calculations of pain and suffering by California courts, judges, and judicial officials
There are many ways courts can value personal injury pain and suffering claims, sometimes called emotional damages. This is how pain and suffering settlements are most commonly calculated.
Per Diem
A per Diem basis for calculating Pain and suffering is often used in personal injury cases involving Car Accidents. Dog Bites , Slip-and-fall Accidents Construction site accidents, Workplace injuries.
Per Diem states provide the jury with daily calculations of the emotional, physical and psychological pain and suffering inflicted upon the injured party. This calculation includes not only the suffering and pain that occurred but also the pain and suffering likely to continue over the coming weeks, months, and years. These calculations will give permanent disabilities like brain damage, scarring, disfigurement, and paralysis a greater weight. Calculating pain and suffering damages in this way usually results in long term injuries being awarded the highest compensation due to their sustained impact on a persons life.
Approximate economic and pain and suffering damages using our Estimated Damages Calculator
Summarized from an article by The Downtown LA Law Group.
