Pain And Suffering Settlement Examples 2023
We’ve all heard stories of people getting large settlements for pain and suffering in personal injury cases, but what exactly does that mean?
What factors contribute to the amount you might receive for a settlement?
While you can’t put a price on your quality of life, settlements are one way to get some financial compensation for what you’ve gone through.
In this article, our personal injury attorneys at Abogadas305 will take a look at how compensation is determined for pain and suffering in personal injury cases and provide some examples of pain and suffering settlements.
Average Pain and Suffering Settlement Examples
In personal injury cases, determining the appropriate compensation for pain and suffering isn’t straightforward. The amount awarded varies based on various factors, including the severity of injuries and the impact on the individual’s life.
Here are two examples that illustrate average pain and suffering settlement amounts in different scenarios.
In a recent personal injury case, an individual suffered a back injury and whiplash due to a car accident caused by another driver’s negligence. The injuries caused significant pain and suffering, resulting in ongoing physical discomfort, limitations in daily activities, and emotional distress. After negotiations, a settlement was reached, resulting in a settlement of $100,000.
Another instance involved a slip and fall accident at a grocery store, where an elderly customer suffered a broken hip and other injuries. The incident resulted in considerable pain and suffering, along with prolonged medical treatments and rehabilitation. Through legal proceedings, a settlement was obtained, awarding a settlement of $250,000.
Factors Impacting Pain and Suffering Settlements
Understanding how factors can impact the outcome of a resolution is key to making wise decisions.
When it comes to pain and suffering settlements, two primary factors will determine the amount claimants receive:
- Physical pain — If an individual sustains severe injuries that cause long-term physical pain or physical trauma, they’re likely to be awarded a higher settlement. The court may consider medical records as evidence.
- Emotional distress — Victims of emotional trauma are also eligible for compensation depending on their suffering and distress levels. This includes both psychological and psychiatric damages that must be adequately proven through expert reports or testimony from witnesses.
The severity of the injury also plays a role in determining settlement amounts. For instance, if someone has sustained a permanent disability due to an accident, they may be entitled to higher compensation than those with temporary disabilities. Additionally, if the claimant has incurred significant financial losses due to the accident—such as lost wages—this too can factor into settlement calculations.
How Pain and Suffering is Calculated
Two of the most common methods used to calculate physical and emotional pain and suffering are the multiplier method and the per diem method.
The Multiplier Method
The Multiplier Method is a commonly used approach by personal injury lawyers to determine pain and suffering settlements, allowing you to seek appropriate compensation for your losses and begin rebuilding your life.
This method involves multiplying an economic loss, like medical bills or lost wages, by a number between one and five based on the severity of your injuries. For example, if the economic loss is $20,000 and the multiplier is three, the estimated pain and suffering damages would be $60,000.
The Per Diem Method
The Per Diem Method offers a more precise calculation of damages by assigning a daily value to the pain and discomfort resulting from an injury. It is used in personal injury claims where the plaintiff has suffered physical, psychological, or emotional distress due to an accident or medical treatment.
For instance, if the per diem amount is $200 and the recovery period is 100 days, the pain and suffering damages would amount to $20,000. This method takes into account the duration of distress, physical discomfort, emotional strain, and anxiety experienced by the victim.
How a Personal Injury Lawyer Can Help You Get a Pain and Suffering Settlement
Having someone on your side to fight for what you deserve can be a huge relief, and a personal injury lawyer can help make sure you get it.
A personal injury attorney is an experienced professional who understands the law and specializes in advocating for victims of accidents or injuries. They provide guidance on how much money you could receive from your claim, and they’ll also be able to discuss the best legal strategies for obtaining pain and suffering awards.
At Abogadas305, our attorneys advocate for accident and injury victims, guiding you through the legal process and maximizing your pain and suffering settlement. From filing paperwork to negotiating settlements and representing you in court, our lawyers handle all aspects of your personal injury claim, ensuring you receive the compensation you deserve. Contact us today for dedicated legal assistance.