After suffering a personal injury, the road to recovery can be long and painful. In addition to suffering various economic losses, your injury may cause non-economic damages in the forms of physical pain and emotional suffering. Thankfully, if your injury was sustained as the result of another party’s negligence, you may pursue payment for the pain and suffering you experienced.
You may be able to recover damages for pain and suffering by filing a third-party claim with the at-fault party’s insurance company. However, if a fair settlement cannot be reached, you may need to file a personal injury lawsuit to recover the damages you deserve. When calculating your damages for pain and suffering, courts will generally look to the severity of your injury and the overall impact it made on your life.
If you suffered physical pain and emotional anguish from an accident, our Alabama personal injury attorneys can help you recover compensation for your pain and suffering. Call the attorneys at Howe Law today at (844) 876-4357 for a free case assessment.
Obtaining Pain and Suffering Damages for a Personal Injury in Alabama
Many types of personal injuries can produce excruciating physical pain. For example, broken bones, burns, back injuries, and head injuries can all be particularly agonizing. Moreover, these injuries can also lead to significant emotional suffering. For instance, someone who sustains spinal cord damage may be restricted from participating in their favorite hobbies during their recovery. Meanwhile, someone with a traumatic brain injury may be unable to engage in meaningful relations with their spouse.
Accordingly, personal injury victims in Alabama may pursue financial compensation for the physical pain and emotional suffering they incurred. To obtain these damages, injured parties can bring claims against the individuals responsible for their accidents.
The process for obtaining these damages can vary. After suffering an accident, you may be able to obtain pain and suffering damages by filing a claim with the at-fault party’s insurance company. However, insurers are often reluctant to pay third-party claimants what they deserve. If you are unable to reach a fair settlement with the at-fault party’s insurer, then you may need to file a personal injury lawsuit to acquire the payment you are owed.
To recover pain and suffering damages in a personal injury lawsuit, you must first prove that your accident was caused by the defendant’s negligent behavior. Next, you must demonstrate that you sustained injuries because of the accident and those injuries produced physical pain and emotional distress. There are several strategies that the defendant and their insurance company may employ to refute key elements of your case. Accordingly, guidance from our Alabama personal injury lawyers can be highly beneficial when gathering evidence and fighting for the payment available to you.
Calculating Pain and Suffering Damages in an Alabama Personal Injury Case
Calculating damages for physical pain and emotional suffering can be much more difficult than calculating economic losses. While economic losses may be easily verifiable through financial documents like receipts, damages for pain and suffering are more abstract. Generally, more severe injuries will warrant greater compensation. Still, it is difficult to quantify something so subjective. Insurance companies and attorneys need efficient ways to estimate claims’ values. There are two methods often utilized to determine how much compensation to award for pain and suffering.
The Multiplier Method
The first method that is often used to quantify pain and suffering is referred to as “the multiplier method.” Under this method, a victim’s economic losses will be multiplied by a number between 1 and 5 to calculate the value of their pain and suffering damages. As an example, someone who incurred $100,000 in economic damages and received a multiplier of 4 can be awarded $400,000 in pain and suffering damages.
The more severe the injury, the higher a multiplier will be. For instance, a traumatic brain injury may receive a multiplier of 5 while a sprained wrist will warrant a multiplier of 1. Some factors that may be analyzed when determining what multiplier to assign in your case include the severity of your injury, the amount of recovery time you will need, and the quality of the evidence you present.
The Per Diem Method
An alternative method for calculating pain and suffering damages is the per diem method. “Per diem” is simply the Latin phrase for “per day.” Under this method, you will agree on a per diem amount of compensation for your pain and suffering. In turn, the per diem amount will be multiplied by the amount of days you were affected by your injury. That amount will be the value of your pain and suffering damages.
For example, you may receive a per diem rate of $200 per day. If it is determined that you were affected by your injury for 50 days, then your pain and suffering damages will be valued at $10,000.
In general, higher per diem rates will be assigned to victims who incurred more severe injuries. Similar to the multiplier method, courts using the per diem method will also analyze the overall severity of your injury, the length of your purported recovery, and the clarity of the evidence you present.
Considering Settlement Offers for Pain and Suffering Damages in Alabama Personal Injury Lawsuits
If you file a lawsuit seeking compensation for your pain and suffering, you will likely be presented with a settlement offer before trial. When you accept a settlement offer, you will receive a certain amount of compensation from the defendant and your case will be dismissed. There are advantages to settling early. For example, you may acquire payment sooner and save on the many costs accompanying the decision to go to trial.
Still, you may need to go to trial to obtain the payment you deserve. Many defendants and their insurance companies are reluctant to pay plaintiffs the pain and suffering damages they are owed. By going to trial, you have the opportunity to fight for compensation that was not offered during settlement negotiations. However, if your case does not prevail, you may receive nothing for your injuries. It is important to have experienced legal representation on your side when assessing settlement offers in your case.
If You Need Help Obtaining Damages for Pain and Suffering, Call Our Attorneys for Help
Get help from our experienced Alabama personal injury lawyers at Howe Law by dialing (844) 876-4357.
Related Articles
