The Correct Method for Determining Damages for Pain and Suffering – When a person is engaged in an accident, they immediately consider their health and how the incident may impact their lives. They are not immediately concerned about their medical expenses.
- Consequently, the value of your emotional distress damages outweighs the worth of your economic damages (medical bills and loss of income).
- The value of missing a wedding is incalculable, despite the fact that a person may have minor medical expenses.
- This fraction of your overall pain and suffering damages is equal to the amount that a jury determines they would take to miss the wedding.
You are entitled to collect past and future pain and suffering damages. Pain and suffering from the moment of your injury to the time of your insurance payment are considered. If you have a permanent injury that will bring you pain and suffering for the rest of your life, you will experience future pain and suffering.
Your future pain and suffering will be proportional to the degree of your present suffering and your life expectancy. Using the per diem method, you calculate an acceptable monetary value for your daily pain and multiply it by your expected lifespan. You may compute the daily monetary value of your pain, for instance, if you have a permanent back ailment that forces you to change occupations and your way of life.
As an illustration, we will take $50 per day as your daily agony and suffering amount. You may discover your life expectancy by using an online life expectancy table. If your expected life span is 25 years, multiply the $50 by 25.25 years is equivalent to 9,125 days (365 X 25).
- By multiplying 9,125 by $50 every day, your future damages for pain and suffering may amount to $456,250.00.
- In addition to past and future economic losses, the total potential case value is $456,250.00.
- Depending on your chronic disability or deformity, the daily monetary worth of your lifelong pain and suffering might vary significantly.
A person with a permanent amputation would typically experience greater agony and suffering on a daily basis than a person with a persistent shoulder injury. Depending on your injury, the daily $50 pain and suffering amount in the example might grow or decrease.
What comprises pain and suffering?
The phrase “pain and suffering” is a legal term that represents both the physical and psychological harm sustained by an accident victim. Any significant physical discomfort or mental agony following an injury may qualify as pain and suffering for purposes of a compensation.
How is the cost of pain and suffering determined in Alabama?
Determining Damages for Pain and Suffering – Alabama does not have a specific monetary standard or technique for calculating damages for pain and suffering. The per diem and multiplier procedures are two of the most frequent approaches of calculating pain and suffering damages.
These techniques take into account the duration of pain and suffering as well as the amount of medical expenses, missed earnings, and other losses incurred. In a personal injury litigation, the amount of pain and suffering damages awarded is up to the discretion and sound judgment of the jury or judge.
You must produce proof describing the type, severity, and length of your mental anguish to establish a claim for pain and suffering compensation, regardless of whether you are working with an insurance adjuster or a court.