February 23, 2022 | Personal Injury
Individuals who sustain injuries as a result of the actions of others should be able to recover compensation for their losses. Some of the compensation available falls under the blanket of “non-economic” damages. We often refer to these as pain and suffering damages, and these are more immeasurable than calculable types of losses such as medical bills and lost income. Here, we want to discuss how pain and suffering damages are calculated after an injury occurs in Indiana.
Pain and suffering damages are also referred to as non-economic damages or “general damages” after an injury occurs. Regardless of what they are called, the reality is that these are more immeasurable losses that individuals sustain after their injury. They are immeasurable because, unlike medical bills and property damage, there are no direct receipts or proof of expenses associated with non-economic losses. Some of the most common types of general damages that individuals sustain after an injury include:
One of the most common ways that pain and suffering damages are calculated in a personal injury claim is called the “multiplier method.” When a plaintiff and an attorney decide to use this method, they will first add up all of the economic damages associated with the claim (medical bills, lost wages, property damage, out-of-pocket expenses). When they get this economic damage total, they will then multiply that total by a set number (usually a number ranging from 1.5 to 5).
For simplicity, let us imagine that a person sustains $100,000 worth of economic damages after an injury. Let us suppose that an attorney chooses to use a multiplier of “three” for the claim. In this case, that means $100,000 multiplied by three, which means $300,000 for a non-economic total.
Overall, an attorney would ask for $400,000 on behalf of their client.
Another method commonly used to determine pain and suffering damages after an injury occurs in Indiana is called the “per diem method.” Per diem stands for “per day,” and using this method, an attorney will establish an adequate daily dollar amount to assign for their client’s pain and suffering and then examine how long their client is expected to experience the pain and suffering.
For example, let us suppose an attorney says that their client should be awarded $500 for each day that they experience pain and suffering caused by their injury. Let us further suppose that the individual is expected to suffer for an entire year. In this particular situation, an attorney would take $500 and multiply this by 365 days to reach a pain and suffering total of $182,500.
If you or somebody you care about has been injured due to the negligent actions of another individual or entity in Indiana, reach out to an attorney immediately. A skilled Indianapolis auto injury lawyer will examine the facts of the case and work diligently to calculate both economic and non-economic losses on behalf of their client.