BlogWhen you settle a personal injury case, your compensation typically includes a specific amount for pain and suffering.
Calculating these damages is challenging because pain and suffering damages are subjective and not based on invoices or receipts.
If you want to know your potential settlement amount for pain and suffering, the Los Angeles personal injury lawyers at Farzam Law Firm can help.
Factors That Impact Pain and Suffering Settlement Amounts
There is no average payout for pain and suffering in a personal injury matter.
In a large truck accident, an injured victim could have significantly different injuries than someone involved in a slip and fall accident.
To understand your potential pain and suffering settlement value, you need to look at the individual factors of your case.
One of the most influential factors is the type and severity of your injuries.
The more severe your injuries are, the greater your pain and suffering value might be.
Other influential factors include the type of accident, how long it takes you to heal, and what kind of impact the accident has on your life, relationships, job, etc.
Pain and Suffering Settlement: Two Ways to Calculate
There are a couple of methods for calculating pain and suffering. The multiplier method and the per diem method are used most frequently.
To receive the maximum pain and suffering settlement in any personal injury matter, you must prove liability against the defendants.
California is a pure comparative negligence state, so you can still collect a portion of your damages if you are partially responsible for the accident.
Here’s a look at how these methods work to arrive at a potential settlement value.
- Multiplier Method
With the multiplier method, you multiply your total damages by a factor between one and five. One is the “multiplier” used for minor injuries, while five is used for catastrophic injuries.
For example, consider someone with soft tissue injuries from a car accident.
The victim healed within two months and has no residual complaints, so a multiplier of one is used.
With $5,000 in damages, an insurance company might find the maximum settlement amount to be $10,000, including $5,000 for pain and suffering.
Next, look at someone who suffered a broken hip and subsequent stroke in a slip and fall accident. This victim cannot walk or return to work and may need future surgery.
The victim has $300,000 in damages. Given the severity of the victim’s injuries, a multiplier of five could be used.
This would result in a maximum settlement value of around $1,500,000.
- Per Diem Method
The per diem method calculates pain and suffering by assigning a specific dollar amount to each day. This method often focuses on the victim’s pre-accident salary.
Consider the earlier example of a car accident victim with $5,000 in damages and two months of pain and suffering.
Assume the person made $200 a day, and there were 31 days in each month.
That would total $12,400 in pain and suffering, making the maximum settlement value $17,400.
Contact a Los Angeles Pain and Suffering Personal Injury Attorney
There is no “right” way to calculate a pain and suffering settlement in a personal injury case.
What’s crucial is having strong evidence that the defendant is responsible for your injuries.
That is why you want to hire the best personal injury lawyer possible.
Attorney Joseph Farzam has over 20 years of experience representing injured victims in Los Angeles County.
Our firm knows what it takes to maximize your settlement, and we have secured many successful trial verdicts as well.
Contact Farzam Law Firm today to schedule an initial consultation.
We offer free, no-obligation consultations. Let us review your case and help you determine the maximum settlement value possible.
Joseph Farzam
Mr. Farzam attended Santa Monica high school and worked at McDonald’s and local coffee shops to support himself. Although he worked 2 or 3 jobs, he valued education greatly and earned a bachelor’s degree from California State University, Northridge in biology, and attended the prestigious Pepperdine University School of Law. He graduated with high marks and passed the California bar exam on the first try. Mr. Farzam has received the coveted titles of Super Lawyer, Los Angeles Magazine’s Top Lawyers, and has received The Litigator Awards. He is a proud member of the Consumer Attorneys Association of Los Angeles (CAALA) and California Employment Lawyers Association (CELA).
Rate this Post
Loading...