Claiming compensation for pain, suffering, and injuries in case of an accident can be difficult. While one is entitled to accidental damages like time off work and medical care expenses, there are other non-economic aspects to consider, such as distress, pain, and difficulty, among others. To make it easier to assess this, many professionals rely on Pain and Suffering Calculators. Read on to learn more about these and how they are used.

What is a pain and suffering payout?
When a person has been hurt by the negligence or wrongdoing of another person or organization, they can claim to receive compensation covering both financial and non-financial damages. While the financial aspect covers medical and other expenses, there is more to take care of – the pain, emotional distress, and impacted quality of life. This falls under the broad spectrum of Pain and Suffering compensation, which aims to help the victim feel as close to a whole as before.

Generally, a pain and suffering payout is claimed in the following scenarios:

– Car accident

– Accidents in a public place

– In cases of medical negligence

– At work, especially for emergency service providers

Use of a pain and suffering calculator
Calculating the cost of one’s pain sounds like a monumental task. To make this easier, insurance companies use a pain and suffering calculator to assess damages. They may opt for one of the following approaches:

The pain multiplier approach
This approach multiplies all past, current, and future medical expenses that directly result from the negligence by a set multiplier between 1.5 and 5. Higher multipliers are generally used for more severe injuries. Medical expenses include everything from the cost of surgery, hospital visits, tests, and ambulances to physical therapy and follow-up treatments to walking aids like braces, wheelchairs, and chiropractic care.

With this approach, the overall settlement can be broken down into the following equation:
Multiply pain and suffering*Medical Expenses + Lost income (including missed work days, potential job opportunities, interviews, etc) = Total settlement amount.

The per diem approach
Another way that insurance companies calculate pain and suffering costs is by determining the number of days the pain continues and setting a per diem (per day) rate, which is generally similar to one’s daily wages.

To calculate pain and suffering, it is advisable to maintain a detailed record of the following:

– Amount of pain and suffering
Some injuries may result in life-changing disabilities, which may impede one’s ability to participate in daily activities such as cooking, cleaning, pursuing a hobby, exercising, or even spending time with the family. Maintain a log of how the accident has caused pain or discomfort, and try to describe this in as much detail as possible. This log must also include information about lost time, such as missed concerts, celebrations, graduations, among others.

– Emotional distress
Major accidents can also trigger mental health problems such as anxiety and depression. If one has visited a psychologist or a counselor for these issues, it is a good idea to maintain all the bills, prescriptions, and records about the treatment.

– Medical malpractice
Pain and suffering claims are common in medical malpractice lawsuits. These may be of three types – misdiagnosis, surgical or prescription mistakes, or negligence. One must consult a lawyer with their concerns for the best legal advice.

How does one use this information?
Once the total cost of damages has been calculated, it can be used to determine the future course of proceedings. This begins by estimating the tort claim’s worth.

With this information in hand, one can either choose to send a demand letter with a set compensation amount (if settling out-of-court). If the other party offers to settle, negotiate, or go to court, the estimate will be handy in determining the final settlement and deciding on how much compensation to ask for.

Other factors that can impact the claim
A pain and suffering calculator only estimates how much is owed in damages due to one’s discomfort. Some insurers may use different calculation methods, which can impact this amount. Depending on the case, some other variables that may also influence one’s claim, such as:

– In a car accident, if the insurance company determines that one had partial liability in the incident, it could nullify the entire claim. A history of traffic tickets may also affect this decision.

– The severity of the injuries, expected duration of recovery, and impact of injuries on one’s daily life

– Any permanent effects resulting from the accident (such as disabilities)

– Consistency of the diagnosis, injuries, and claims

– Likability and credibility of the plaintiff

– The presence of detailed medical records

As with most other legal cases, pain and suffering claims are also governed by a Statute of Limitations. This states that the claim or lawsuit must be filed within a set time frame to receive the appropriate settlement. To strengthen the claim, one must gather evidence such as photographs depicting the injuries and accident scene, medical records, testimonials, and a pain journal. Please note that the law may differ from state to state, impacting one’s claim. To maximize one’s claims, it is best to seek legal counsel regularly.