Calculating Pain and Suffering Damages After a Personal Injury

When you are injured in an accident, the impact often goes beyond the physical pain. You may experience emotional distress, anxiety, and a disruption of your everyday life. In personal injury cases, the term “pain and suffering” is used to describe these non-economic damages. But how are these damages calculated, and how can you ensure fair compensation? 

At the Law Office of Shiloh K. Hoggard, P.L.L.C., we understand the challenges you may be facing, and we are here to help you every step of the way. If you need assistance, reach out to our experienced personal injury lawyer today.

Arizona Laws on Pain and Suffering Damages

In Arizona, pain and suffering damages are governed by specific state statutes and case law. Under Arizona Revised Statutes (A.R.S.) § 12-542, the statute of limitations for filing a personal injury claim is two years from the date of the injury. This means that if you do not file your claim within this period, you may forfeit your right to seek compensation, including pain and suffering damages.

Arizona follows a “pure comparative negligence” rule under A.R.S. § 12-2505. This means that even if you are partially at fault for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for an accident, your pain and suffering damages will be reduced by 20%.

In a personal injury claim, pain and suffering refer to the physical pain and emotional distress that an individual experiences due to an injury. Unlike economic damages, which cover medical bills, lost wages, and other quantifiable costs, pain and suffering are subjective and more challenging to measure. These damages compensate for the overall impact of the injury on a victim’s quality of life, including factors like loss of enjoyment, emotional trauma, and ongoing discomfort.

Additionally, Arizona does not impose a cap on pain and suffering damages in most personal injury cases. Unlike some states that limit the amount a victim can receive for non-economic damages, Arizona allows for full compensation based on the unique circumstances of each case. This ensures that victims receive fair compensation for the emotional and physical impact of their injuries.

Methods Used to Calculate Pain and Suffering Damages

Calculating pain and suffering damages can be complex because each case is unique. However, there are two common methods often used in determining compensation: the Multiplier Method and the Per Diem Method.

The Multiplier Method

The Multiplier Method is one of the most frequently used approaches in determining pain and suffering damages. In this method, the total economic damages (such as medical bills and lost wages) are multiplied by a specific factor. Typically, this factor ranges between 1.5 and 5, depending on the severity of the injury and the impact on the victim’s life.

For example, if you were in a car accident in Camp Verde and incurred $10,000 in economic damages, and the multiplier used was 3, the pain and suffering damages would be $30,000. Factors that influence the chosen multiplier include the intensity of the pain, the long-term effects of the injury, and whether you will need ongoing treatment.

The Per Diem Method

The Per Diem Method assigns a daily value to the pain and suffering experienced by the victim. This value is then multiplied by the number of days the victim is expected to endure the pain and suffering. For instance, if the daily rate is $200 and you suffered for 180 days, the total pain and suffering compensation would be $36,000.

This method works best for injuries where a clear recovery timeline is available. However, for more long-term or permanent injuries, the Multiplier Method is often considered more appropriate.

Factors That Influence Pain and Suffering Compensation

Several factors play a crucial role in determining pain and suffering damages in personal injury cases. These include:

• Severity of the Injury
  The severity of the injury significantly impacts the amount awarded for pain and suffering. Serious injuries, such as traumatic brain injuries, spinal cord damage, or severe burns, often result in higher compensation due to the prolonged impact on the victim’s life.
• Impact on Daily Life
  The extent to which the injury affects your ability to engage in day-to-day activities also plays a role in determining compensation. If you can no longer perform activities you once enjoyed, such as hobbies or even basic tasks, this can increase the value of your pain and suffering claim.
• Emotional and Psychological Trauma
  Pain and suffering damages also consider emotional and psychological factors, such as anxiety, depression, or post-traumatic stress disorder (PTSD). The emotional toll that an injury takes on a person can be significant, especially in cases involving dog attacks or catastrophic vehicle accidents.

If you or someone you love has experienced emotional trauma due to an injury, you may need the support of an experienced Camp Verde personal injury attorney to fight for fair compensation.

Proving Pain and Suffering Damages

One of the most challenging aspects of obtaining compensation for pain and suffering is proving these damages. Unlike medical bills or wage statements, there are no concrete documents that can quantify pain and emotional distress. However, there are several ways to support your claim, including:

• Medical Records
  Medical records provide essential evidence that demonstrates the extent of your injuries and the treatment required. They can also provide insight into the pain you experienced and the long-term impact on your health.
• Testimony from Medical Professionals
  Testimony from doctors and medical professionals can also help establish the severity of your injury and its effects on your life. This can be particularly helpful in proving the need for ongoing treatment or highlighting the emotional impact of the injury.
• Personal Testimony and Journals
  Keeping a journal that details your pain levels, emotional struggles, and the impact on your daily activities can be powerful evidence in a personal injury claim. Your own testimony can provide a first-hand account of how the injury has affected your life, which can be instrumental in calculating pain and suffering damages.

Get the Compensation You Deserve

Pain and suffering are real and often life-changing consequences of personal injuries. While calculating these damages can be complex, having an experienced personal injury attorney can help ensure you receive the compensation you deserve. If you or a loved one has been injured, do not wait to seek the assistance you need. Contact the Law Office of Shiloh K. Hoggard, P.L.L.C. today to learn how we can help you get the justice you deserve.