If you’ve been hurt in an accident caused by someone else’s negligence, you may be entitled to compensation for both your financial losses and the emotional toll the injury has taken on your life.
Personal injury claims typically cover two main categories of damages: economic damages and non-economic damages. Economic damages include measurable financial losses like medical expenses, lost wages, and other out-of-pocket costs.
Non-economic damages, on the other hand, compensate for pain and suffering—the physical discomfort, emotional distress, and reduced quality of life you may experience after an injury. Although these damages can be harder to quantify, they are a crucial part of many personal injury cases.
What Is Included in Pain and Suffering Damages for a Personal Injury Claim in Seattle, WA?
Non-economic damages include, but are not limited to:
Physical Pain and Suffering
Physical injuries—such as those caused by a car accident—can cause severe discomfort and pain.
Common injuries that victims sustain in accidents or other negligent or intentional acts include:
- Broken bones and fractures
- Soft tissue injuries
- Traumatic brain injury
- Internal organ damage
- Spinal cord injuries
- Amputations and loss of limbs
- Neck and back injuries
- Severe burns
- Crushing injuries
The medical treatments you receive may also result in physical pain. Permanent impairments and disabilities can cause ongoing pain.
Emotional Distress and Mental Anguish
The trauma of being in an accident and sustaining injuries can cause emotional distress. A victim may also experience emotional distress because of their medical treatment and recovery. Dealing with the consequences of an accident or personal injury can be incredibly stressful.
Symptoms and conditions associated with emotional distress include:
- Chronic anxiety
- Insomnia
- Post-traumatic stress disorder (PTSD)
- Severe depression
- Fear and night terrors
- Grief
- Cognitive changes
- Panic attacks
- Mood swings
The psychological damage caused by an accident can result in debilitating symptoms. A person may be unable to function in everyday life because of their symptoms. In some cases, it could impact their ability to work.
Impairments and Disfigurements
Catastrophic injuries may result in life-altering disabilities, scarring, and disfigurement. Non-economic damages include compensation for permanent disabilities, scarring, and disfigurement. The compensation is based on the type of disability or impairment, the severity of the condition, and its impact on your quality of life and enjoyment of life.
Factors That Impact the Value of Pain and Suffering Damages in a Seattle Personal Injury Case
Many factors are used to determine how much a person’s pain and suffering is worth.
Factors that could affect how much you receive for non-economic damages include, but are not limited to:
- The types of injuries, impairments, and disabilities you sustain
- The severity of your injuries and impairments
- Your appearance before and after the accident (i.e., disfigurement and scarring)
- The evidence proving fault for the accident, the severity of your injuries, and your financial losses
- Whether you could be partially to blame for causing your injuries (i.e., contributory fault)
- Lack of prompt medical treatment for your injuries and/or failing to follow a treatment plan (i.e., failing to mitigate damages)
- How your injuries impact your daily life
- Whether you can return to work
Calculating the value of pain and suffering can be challenging. Everyone suffers differently, even when they sustain the same type of injury. Insurance companies downplay pain and suffering damages to avoid paying large claims.
Working with an experienced injury lawyer who understands how to value pain and suffering damages correctly can increase your chances of receiving a fair settlement amount.
How Do You Calculate the Value of Pain and Suffering for a Personal Injury Claim in Seattle, WA?
There is no standard formula used to calculate the value of non-economic damages. However, most courts use the per diem or multiplier methods to calculate damages.
Per Diem Method for Pain and Suffering Damages
The per diem method assigns a specific daily dollar amount to the victim’s pain and suffering throughout their recovery. For example, an insurer might propose $200 per day to compensate for the physical and emotional impact of the injury. That daily rate is then multiplied by the total number of days the victim experiences pain and limitations due to the accident.
Multiplier Method for Pain and Suffering Damages
The multiplier method is one of the most common ways to calculate pain and suffering damages in personal injury cases. Instead of assigning a daily rate like the per diem method, this approach multiplies the victim’s economic damages—such as medical expenses and lost wages—by a number typically ranging from 1.5 to 5. The more severe and life-altering the injury, the higher the multiplier.
Schedule a Free Consultation with Our Seattle Personal Injury Lawyers
Accidents can leave you facing not only physical pain, but emotional and financial hardship as well. If someone else’s negligence caused your injuries, you deserve full and fair compensation. Contact Darrell Cochran Personal Injury Lawyer today at (253) 948-0250 to schedule a free consultation with an experienced attorney who will fight for your rights every step of the way.