Everyone has a threshold of pain. What one person might be able to tolerate, another person could faint from. When someone is seriously injured, the pain they may have to endure can greatly affect their work and family life. If that injury was caused by someone else’s negligence, there is a price to pay to the victim for having to endure that pain and suffering. How pain and suffering are calculated in West Virginia depends on many factors, and what is best for the victim.
Pain and suffering fall into the category of non-economic damages. Unlike medical expenses or car repairs, there isn’t a bill for pain. That is why it is vital to work with an experienced personal injury law firm, such as the team at DiPiero Simmons McGinley & Bastress, PLLC.
We’ve helped many clients prepare a comprehensive summary of their damages. Our goal with personal injury claims is to always fight for the maximum benefits our clients are entitled to.
While there is no hard and fast rule for how pain and suffering damages will be calculated, there are a few acceptable methods that can be utilized, including the following:
The Multiplier Method
The most common approach to calculating pain and suffering for a personal injury claim is the multiplier method. This involves assigning a number from 1 to 5 to reflect the level of pain and suffering you’ve experienced. That number is then multiplied by the total of your economic damages.
For instance, if your medical bills add up to $20,000 and you’ve lost $5,000 in wages, your total economic damages would be $25,000. If you’re assigned a multiplier of 3, you would be awarded $75,000 in pain and suffering on top of the $25,000 for a total of $100,000.
In order to accept the final amount, both parties have to agree on the severity of your injuries. That is when working with a skilled negotiator who understands these types of claims will be a huge benefit.
The Per Diem Method
The second approach for calculating pain and suffering is the per diem method. Per diem, or per day, means the insurance company assigns a dollar amount to your pain and suffering, and multiplies it by the number of days you experience pain or discomfort from the accident. This is typically applied to injuries such as fractures, muscle pulls, or whiplash. These will have a definitive recovery period.
For example, if your accident causes you to break your arm and puts you in a cast for 60 days and physical therapy for another 30 days, that would be 90 days total. If your per diem number was $100, you would be awarded $9,000.
Proprietary Formulas
The remaining option for calculating pain and suffering is proprietary formulas used by the insurance carrier. This is potentially the least beneficial approach for the injured party. That is because insurance companies, by default, are focused on their bottom line and will always look for ways to pay the least.
That is not to say that an insurance company’s offer, based on its proprietary formulas, needs to be the final offer. That is when a skilled negotiator will step in and present evidence that their client is entitled to more compensation.
What Constitutes Pain and Suffering in a Personal Injury Lawsuit?
It is easy to establish the scope of challenges associated with spinal cord injuries, traumatic brain injuries, or any other type of physical injury. When it comes to pain and suffering, there are two categories to consider: the discomfort caused by the physical pain and your mental anguish.
The discomfort can prevent you from sleeping at night, getting around your house, bathing, and a wide range of other normal activities.
The emotional impact of an injury can manifest in the following ways:
- Grief
- Anxiety
- Illness
- Sadness
- Despair
- Humiliation
- Depression
- Insomnia
These conditions are not always quantifiable. You might be able to tell if someone is sad by the expression on their face, but the true emotion runs a lot deeper. All of those feelings can run concurrently and should all be accounted for when calculating pain and suffering.
What Are the Settlement Limitations in West Virginia?
Several states impose caps on the amount a victim can be awarded for pain and suffering. In West Virginia, there is no cap except for medical malpractice cases. In those instances, a $250,000 cap exists for non-economic damages. That number could go up to $500,000 for claims that involve death or permanent injury.
There is also the statute of limitations to consider. In West Virginia, you have two years from the date of the accident to file suit. If you miss that deadline, you won’t be able to seek any compensation, no matter how severe your pain and suffering might be.
The scope of what you might be entitled to as a settlement for a personal injury can be discussed in a free case review with DiPiero Simmons McGinley & Bastress, PLLC. In that initial consultation, we’ll be able to review the merits of your claim and provide a rough estimate of what you’re entitled to.
Those numbers may change with further investigation, but we will provide the information needed to make the right decision about how to seek a remedy.
Call to set up your review today.
