Understanding Pain and Suffering in Personal Injury Cases
In the world of personal injury law, one term that you will almost invariably encounter is ‘pain and suffering.’ This aspect of a personal injury lawsuit, however, is a bit more nebulous than some other components like medical expenses or lost wages. At The Law Office of Carlson Bier Associates, we pride ourselves on helping our clients navigate the complexities of personal injury law, and one such complexity involves the Pain and Suffering Calculation.
What Constitutes Pain and Suffering
To gain a deep understanding of the calculation, it’s important to first define exactly what pain and suffering mean in the legal context. Pain and suffering is a legal term that refers to the mental and/or physical distress for which one may seek damages in a lawsuit. This distress could result from a number of causes, such as a bodily injury, a slanderous statement, or even the death of a loved one.
The Two Sides of Pain and Suffering
Pain and suffering is divided into two categories:
• Emotional pain and suffering: This refers to the mental anguish that a victim experiences following an accident or injury. Symptoms may include depression, anxiety, shock, humiliation, or even post-traumatic stress disorder (PTSD).
• Physical pain and suffering: This pertains to the physical pain a victim endures following an accident or injury. This can range from the immediate pain felt following the event right through to long-term or even permanent discomfort.
Quantifying Pain and Suffering
On the surface, it might seem impossible to put a dollar value on an individual’s emotional distress or physical discomfort. Indeed, the process of pain and suffering calculation is far from simple or straightforward. Unlike medical bills or lost wages, pain and suffering cannot be easily tracked or measured.
Nonetheless, in the legal sphere, it is essential to quantify pain and suffering into monetary terms as this forms a significant part of a victim’s compensation claim.
The Multiplier Method
One common approach courts often use is the ‘multiplier method.’ This involves taking the sum of a victim’s actual damages – such as medical bills and lost income – and multiplying it by a certain number, typically between 1.5 and 5. The specific multiplier used will largely depend on the severity of the injury, projected recovery time, and the impact of the injury on the victim’s life.
The Per Diem Method
Another approach is the ‘per diem method.’ This involves assigning a specific dollar amount for every day the victim suffered from the date of the accident until they reached their ‘maximum recovery.’ Though this method seems straightforward, determining the appropriate daily rate can be contentious.
Additional Factors in the Calculation
Other factors, too, can influence the value of a claim for pain and suffering. These include:
• The age of the plaintiff
• The severity and permanence of the injury
• The potential for ongoing pain
• The impact of the injuries on the plaintiff’s day-to-day life
Deciding Which Calculation Method to Use
The choice between the multiplier method and the per diem approach—or a combination of the two—is made on a case by case basis. No one-size-fits-all approach exists, and the method or methods used will depend largely on the specifics of the case.
Pain and Suffering Calculation and Illinois Law
In the state of Illinois, when it comes to the calculation of pain and suffering in personal injury cases, the plaintiff has the burden of proof. It’s their responsibility to convince the judge or jury that they have indeed experienced physical or mental distress due to a defendant’s negligence.
The state’s Illinois Courts Website provides additional resources and details about how pain and suffering is calculated in the jurisdiction.
Professional Assistance in Pain and Suffering Claims
Navigating the legal intricacies involved in a personal injury case can be daunting. Handling calculations of pain and suffering, assembling evidence, negotiating settlements, or representing your case in court requires experience and expertise. The Law Office of Carlson Bier Associates is committed to providing both of these in abundance to clients in Chicago and across the state of Illinois.
In conclusion, while the concept and calculation of pain and suffering can seem abstract and complex, a knowledgeable legal team can break down and clarify these aspects, helping you to best present your case. When you work with The Law Office of Carlson Bier Associates on your personal injury claim, you gain a dedicated partner committed to fiercely championing your rights and interests and to help you secure the compensation you deserve.
