You’ve probably heard of “pain and suffering” damages, which may be awarded in personal injury lawsuits. Some people assume that this is to make up for any type of pain and suffering, from mild discomfort to life-altering injuries.
“Pain and suffering” has a different legal definition than what the name implies. Read on to learn more about this type of personal injury award—then call the Law Offices of Tim Misny for further assistance.
What does pain and suffering really mean?
Pain and suffering refers to physical and emotional distress as a result of an injury. For instance, if you suffer an amputation injury, there’s a strong likelihood that you will experience both physical pain and emotional distress while you adjust to your new normal.
Some injuries are more serious and have long-lasting effects. Whether it’s a protracted recovery time, lifelong disability, severe pain or emotional trauma, pain and suffering damages are meant to make up for these issues. They’re usually awarded to help account for future problems. This is opposed to easily calculated economic damages, like medical bills.
How are pain and suffering damages calculated?
There are two generally accepted ways to calculate pain and suffering damages. First, the multiplier method multiplies the total cost of your economic damages by a variable. This is usually between one and five, depending on the severity. For instance, if your medical bills were $75,000 and you lost $25,000 of income, a court may award multiplier damages by a factor of three. You would receive $100,000 for pain and suffering under this calculation.
Second, the daily rate method assigns a monetary value to each day you suffered. This is multiplied by the number of days you experienced pain and suffering. If your daily rate was $200 and you suffered one hundred days, you might receive $20,000 in pain and suffering.
Keep in mind that Ohio state law caps noneconomic damages at $250,000 or “amount that is equal to three times the economic loss, as determined by the trier of fact, of the plaintiff in that tort action to a maximum of three hundred fifty thousand dollars for each plaintiff in that tort action or a maximum of five hundred thousand dollars for each occurrence that is the basis of that tort action.”
When you talk to the Law Offices of Tim Misny, we’ll explain whether you’re likely to receive pain and suffering damages—and how much you can expect to recoup.
Call an Ohio personal injury lawyer today
Were you injured as a result of someone else’s negligence or recklessness? Whomever is responsible, I’ll Make Them Pay!® Get in touch with me at (877) 944-4373 so that I can evaluate your case as soon as possible.