What is Pain and Suffering?
We often hear “pain and suffering” in casual conversations. But what does it mean in a personal injury case? Pain and suffering is any ‘non-economic’ damages.
In the state of Michigan, pain and suffering damages are a form of compensation in personal injury cases. These damages can entail physical pain, emotional distress, or a reduced quality of life. Michigan personal injury law allows victims to pursue these damages when another party’s negligence causes an injury.
Unlike lost wages or medical bills, pain and suffering damages are more abstract. No standard method exists for calculating pain and suffering, but courts use tools like:
The ‘Multiplier’ Method
This method multiplies your economic damages by a number, which is typically between 1 and 5. This number reflects the severity of the victim’s injury.
Let’s say a victim has medical bills totaling $80,000 and has missed enough work to lose $20,000 worth of pay. In this scenario, the court then assigns them a multiplier of 4 because the injury is severe.
The court adds the victim’s $80,000 in medical bills and $20,000 in lost wages to get $100,000. They then multiply that amount by 4. This is equal to $400,000 in pain and suffering damages.
The ‘Per Diem’ Method
“Per Diem,” a Latin phrase meaning “by the day,” is a method used to calculate pain and suffering damages. In this approach, the court assigns a daily dollar amount to represent the victim’s pain. They then multiply that amount by the number of days the victim experiences pain. This spans from the date of injury until they reach the most medical recovery.
The daily rate is reflective of the severity of the injury, with higher amounts reflecting more severe injuries.
Final Thoughts
Our office does not rely on either of these calculation techniques. In our opinion, they serve as a starting point.
We aim to get the best settlement for each client. We adjust our approach based on their unique situation. We don’t believe that either formula serves as a one-size-fits-all solution for those who suffer serious injuries.
If you suffer an injury, you should understand how pain and suffering damages apply to your case. Local courts and insurance companies consider a variety of factors when looking at these claims. Working with an attorney who knows personal injury law can help ensure that you protect your rights.