If you suffered injuries in an accident that another person caused, you have a right to seek compensation for your damages.
Personal injury victims often feel overwhelmed. In addition to recovering from injuries, they also face mounting medical expenses, lost work, and damaged property.
However, not all accidents result in only financial losses. Most people involved in accidents also experience varying levels of pain and suffering.
Pain and suffering damages often represent a substantial portion of a personal injury settlement and should never be overlooked.
What Kind of Damages Can I Recover?
In Texas, recoverable compensation in personal injury cases is broken down into economic and non-economic damages.
Economic damages represent those calculable financial losses related to your injury. These include the following:
- Medical expenses;
- Lost wages;
- Future lost wages; and
- Property damage.
Your personal injury attorney uses invoices, receipts, pay stubs, and other tangible evidence to identify and calculate economic damages.
Non-economic damages represent subjective losses, including physical, psychological, emotional, and relational damages, and include the following:
- Pain and suffering;
- Emotional distress;
- Loss of consortium or relationship;
- Permanent injuries; and
- Loss of enjoyment.
Victims suffering from substantial non-economic losses, such as pain and suffering, often receive a larger payout.
Pain and suffering refers to any emotional or physical anguish you experience due to your accident and resultant injuries.
What Is a Pain and Suffering Settlement Breakdown?
The facts of each case vary greatly. Therefore, one should not always rely on pain and suffering settlement examples as they may not apply to their particular case.
To determine pain and suffering damages, your personal injury attorney may implement one of two methods for calculations.
The Multiplier Method
The value of non-economic damages can be calculated using the multiplier method.
This method requires the attorney to multiply the injured victim’s economic damages by a certain number.
This is called a multiplier and is usually a number between one and five. The higher the multiplier, the more severe the injured victim’s pain and suffering damages.
A personal injury attorney may utilize the multiplier method in settlement discussions.
For example, an injured victim’s attorney may argue for the highest value multiplier, while the liable party’s attorney may argue for a lower number.
During negotiations, the parties negotiate to determine a valid multiplier and reach an agreed-upon personal injury settlement amount.
The Per Diem Method
The per diem method determines a value for suitable daily compensation.
This value is then multiplied by the number of days needed for the injured victim to recover from their injuries.
In some cases, victims may never fully recover. In these situations, the time value is the number of days it took for the victim to reach “maximum medical improvement.”
In specific pain and suffering settlement examples, it may be advantageous to use the multiplier method versus the per diem method—and vice versa.
After reviewing your case, your attorney understands which method may provide the highest personal injury settlement value.
Contact a Texas Personal Injury Lawyer Near Me
The attorneys at The Zimmerman Law Firm, P.C., assist all types of personal injury victims in Waco, Texas, and surrounding communities.
Whatever your circumstances, our experienced team of personal injury lawyers fights to recover compensation for your physical, emotional, and financial damages.
We negotiate skillfully to obtain advantageous settlements for our clients but fully prepare to take a case to trial if necessary.
We offer free, no-cost consultations and never collect any fees until we recover compensation on your behalf.