If you got hurt in an accident, a personal injury claim may allow you to recover compensation for the pain and suffering you experienced due to your injuries. But how do you put a dollar amount on pain and suffering? In Indiana, attorneys, insurance companies, courts, and juries may use various mathematical methods to decide on a fair sum. Evaluating the evidence and circumstances of your case helps determine what amount of money will appropriately compensate you for your pain and suffering.
Although these formulas purport to accurately calculate pain and suffering damages, courts usually instruct juries that they are not required to use any specific method to decide how much to award a plaintiff. Understanding how pain and suffering could be calculated in your case can help you know what to expect during the claims process.
Table of Contents
- 1 What is Pain and Suffering?
- 2 What is the Multiplier Method?
- 3 What is the Per Diem Method?
- 4 How Do You Prove Pain and Suffering in an Indiana Personal Injury Case?
- 5 What Factors Can Affect My Pain and Suffering Compensation?
- 6 Does Indiana Have a Time Limit for Filing a Pain and Suffering Lawsuit?
- 7 Contact an Indiana Personal Injury Lawyer
What is Pain and Suffering?
Pain and suffering refers to the physical and emotional stress an accident victim experiences due to their injuries. In Indiana, pain and suffering falls under the category of non-economic damages, or compensation for intangible losses without a specific dollar figure.
Pain and suffering damages may compensate an injured person for:
- Physical pain and anguish from injuries and medical treatment, such as post-operative pain
- Emotional distress or trauma stemming from the accident and resulting injuries or disabilities
- Scarring and disfigurement
- Diminished quality of life
- Reduced enjoyment of life
What is the Multiplier Method?
The multiplier method is one mathematical formula used to determine compensation for pain and suffering. The multiplier method adds up your economic damages, including medical bills, long-term disability care expenses, lost wages, and lost future earnings, and multiplies that total by a factor of one to five. The multiplication factor you use will depend on the severity of your injuries and disabilities, with five representing the most severe injuries. In catastrophic injury cases, attorneys may use a multiplier higher than five to calculate pain and suffering damages.
Criticisms of the multiplier method include its mechanical nature, which can make it challenging to account for the fact that everyone experiences pain and emotional distress differently. However, the multiplier method can provide a starting point for determining fair compensation for pain and suffering.
What is the Per Diem Method?
Another formula used to calculate pain and suffering compensation is the per diem method. With this strategy, a personal injury lawyer places a daily rate on the pain and suffering you experienced. This amount is usually based on the nature and severity of your injuries, choosing higher figures for more serious injuries. You then multiply that figure by the number of days it takes you to reach maximum medical improvement for your injuries.
As with the multiplier method, the per diem method makes it challenging to account for people’s unique perceptions of pain or emotional distress, although it can provide an initial basis for analyzing pain and suffering. Other limitations of the per diem method include the fact that it has limited benefit for someone who sustains severe, permanent disabilities due to their injuries since they may reach maximum medical improvement quickly yet face a lifetime of severe disabilities or disfigurement.
How Do You Prove Pain and Suffering in an Indiana Personal Injury Case?
In a personal injury lawsuit, the victim does not have to present evidence of the dollar value of their pain and suffering or prove it with mathematical certainty. Instead, courts advise juries to use their reasonable judgment to evaluate the nature and extent of an accident victim’s pain and suffering when making an award.
Victims can use various types of evidence and testimony to prove the nature and extent of their pain and suffering following an accident, including:
- Medical records
- Testimony from treating healthcare providers regarding the severity of the victim’s injuries and how any disabilities impact their lives
- Expert testimony from vocational experts on how the victim’s injuries affect their ability to work
- Statements from family and friends about how the incident negatively affected the victim’s life
- Testimony from the injured person regarding how their injuries or disabilities have adversely affected their life
What Factors Can Affect My Pain and Suffering Compensation?
Insurance companies and courts will consider various factors when determining compensation for pain and suffering in your personal injury claim. Some of these factors include:
- The nature and severity of your injuries
- The length of your medical recovery and rehabilitation
- The effect of your injuries on your ability to function as a whole person (e.g., your ability to perform independent daily tasks or enjoy hobbies you once did)
- Whether your injuries have resulted in temporary or permanent disabilities
- The physical pain you experienced or will experience in the future
- The mental suffering caused by your injuries or disabilities
- Whether your injuries aggravated pre-existing health conditions
- Whether your injuries caused disfigurement or deformities
- Your current age and life expectancy
Does Indiana Have a Time Limit for Filing a Pain and Suffering Lawsuit?
Indiana’s statute of limitations for most personal injury claims gives you two years to file a lawsuit seeking compensation for pain and suffering and other losses. However, some injury claims have different applicable deadlines, such as medical malpractice, product liability cases, or claims against the state government or a municipality.
Because you have limited time to take legal action, you can best protect your rights and options by speaking with a personal injury attorney as soon as possible. If you fail to file your lawsuit on time, the court will likely dismiss your case, and you forfeit your opportunity to recover any money for your losses.
Contact an Indiana Personal Injury Lawyer
If you suffered injuries due to someone else’s negligence, you deserve compensation for your pain and suffering. Contact Truitt Law Offices today for a free consultation with an experienced personal injury attorney. Let us help you demand justice for the harm you’ve endured.
