In the context of a personal injury lawsuit, pain and suffering refer to the physical and mental trauma individual experiences due to another person’s negligence. Physical pain and suffering refer to the actual physical injuries victims are inflicted with. This may include traumatic head injuries and broken or amputated ligaments. Mental pain and suffering refer to the psychological trauma an individual faces. This type of emotional trauma may include mental anguish, emotional distress, PTSD, and loss of enjoyment of life. Individuals may face long-term physical and mental trauma due to their injuries. If you or someone you love has been injured due to another person’s negligence, don’t hesitate to reach out to a dedicated New York City Personal Injury Attorney who can help you recover non-economic damages for your losses.
How do you calculate pain and suffering?
In NYC, there are two methods used to determine and calculate the financial value a person is owed for their pain and suffering in a personal injury lawsuit.
The multiplier method is an equation that multiplies a victim’s economic damages by the degree of pain an individual suffers due to their injuries. Typically, the multiplier is a number between one and five. If an individual experiences a high degree of pain the multiplier used will typically be between four and five. However, if their degree of pain is on the lower side, they will use a multiplier between one and two. Depending on the severity of the pain an individual has suffered due to their injuries, the multiplier will vary as every case is different. This equation looks something like this: (total # of economic damages x “multiplier-“degree of pain)
For example, if an individual’s economic damages add up to $14,000 and their degree of pain justifies using a multiplier of 4, the total amount of damages a victim is owed for their pain and suffering will equal $56,000.
Per diem method
The per diem method does not use economic damages to calculate the total value, rather it assigns a dollar value to each day a victim experiences pain due to their injuries. After that number is assigned, that number will be multiplied by the number of days the victim suffered from their injuries. This means the equation looks something like this: (dollar value each day x duration of pain)
For example, if an individual places a $300 value on each day and they suffered for 200 days, the total amount of pain and suffering would amount to $60,000.
The multiplier and per diem methods may be used to determine and calculate a monetary value for a victim’s pain and suffering. However, the use of these methods may be inappropriate in certain cases. In certain circumstances, individuals recover from their physical injuries fairly quickly, however, they may experience long-lasting detrimental psychological trauma due to their injuries. In this case, an alternative method would have to be used to determine a fair and reasonable value for a victim’s pain and suffering.
If you have been injured due to negligence, contact our skilled and determined team members who can help you recover reasonable financial compensation for your pain and suffering.