A car accident victim endures physical injuries and emotional distress, affecting their quality of life significantly. Determining a fair amount of compensation for pain and damages is challenging as they are subjective in nature. The state of Texas calculates these damages using one of the two commonly used methods:
- The multiplier method
- The per diem method
Texans facing these situations can seek help from experienced car accident lawyers in San Angelo. These professionals evaluate the case and propose appropriate damages backed by past settlements and the circumstances of the victim’s injuries.
Understanding Damages From Pain and Suffering
Pain and suffering does not denote physical discomfort alone but emotional anguish as well. It is difficult to quantify these damages, unlike monetary damages, such as medical bills or lost wages. Some conditions that come under pain and suffering include
- Chronic pain from injuries and disability
- Psychological impact such as anxiety, depression, or PTSD
- Inability to perform everyday activities due to long-term disabilities
The intangible nature of pain and suffering mandates exploring the victim’s experiences, supported additionally by medical records, testimonies, and expert opinions.
Here’s a detailed look at the two methods used to calculate pain and suffering.
1) The Multiplier Method
How It Works
In the multiplier method, the victim’s economic damages are multiplied by a specific factor (between 1.5 and 5). The multiplier denotes the severity of the injuries and their impact on the victim’s life.
Steps to Calculate
- Calculate the total financial loss, such as medical expenses, therapy costs, and lost wages.
- A multiplier is assigned using the severity of injuries and their long-term effects.
- To determine the monetary value, multiply the financial loss by the multiplier.
For example, if the medical bills and lost wages amount to $50,000 and the multiplier of 3 is applied, damages would work out to be $150,000.
Factors Influencing the Multiplier
- Severity of Injuries: The multiplier value is determined by the severity of the injuries.
- Duration of Recovery: Long recovery periods result in higher factors.
- Impact on Daily Life: Permanent disabilities or loss of ability to perform certain activities also result in higher value.
2) The Per Diem Method
How It Works
This method gives a daily monetary value for pain and suffering, which is then multiplied by the number of days the victim has to endure it.
Steps to Calculate
- A daily rate is assigned for the victim’s suffering calculated on the daily earnings or an agreed-upon value.
- The daily rate is multiplied by the days it takes for the victim to reach maximum medical improvement (MMI).
For example, if a daily rate of $200 is assigned and the recovery period is 180 days, the pain and suffering damages would be $36,000.
Challenges with the Per Diem Method
The issue with this method is assigning a fair value for the daily rate, as it is very subjective and disputed often. Legal representation can negotiate a fair value that aligns with the severity of the injury.
Which Method Is More Appropriate?
The decision to go with multiplier or the per diem method depends on numerous factors. Injuries that are severe or life-altering can be better compensated with the multiplier method, as this method accounts for the broader impact of the injuries. The per diem method is suitable for cases that have fixed recovery periods and are less severe.
Legal Support in Texas
Accident victims in Texas seeking compensation have to face complex legal procedures and insurance negotiations. This can be tackled only through a skilled attorney.
Additionally, the lawyer also helps with documentation and evidence, such as medical records and expert opinions, for further strengthening the claim. Attorneys also negotiate with insurers or present a strong case in court.
Conclusion
Calculating damages due to pain and suffering requires experience, understanding, and expertise in a legal framework. The multiplier or per diem approach helps victims quantify their non-economic losses and seek compensation that aligns with their struggles.
An experienced attorney can guarantee a fair and comprehensive calculation and will ensure all losses are considered.
