Pain and suffering damages are a common form of non-economic damages in a personal injury case and can account for a substantial portion of your settlement or verdict. These losses can arise from any accident or injury, including car accidents, medical malpractice, and slip-and-fall accidents. However, how do you put a price on pain and suffering? Our Ohio personal injury lawyers answer this question for you in this article.
What Factors Are Determined When Calculating Pain and Suffering Damages in an Ohio Personal Injury Case?
Attorneys, insurance companies, jurors, and judges analyze the facts of the case to determine how much an individual’s pain and suffering damages are worth. These damages are subjective because each person experiences an accident and injury differently.
Therefore, we look at factors such as:
- The type of injuries the victim sustained
- The length of the recovery period
- The type of medical treatments the victim went through because of their injuries
- The type and severity of permanent impairments and disability
- The person’s appearance before and after the injury (i.e., disfigurement and scarring)
- Whether the victim is able to return to everyday activities and/or work
- Whether the person is able to care for their basic needs, such as bathing, grooming, dressing, and feeding
- Whether the injuries impact the victim’s relationship with family members and friends
Other factors may be relevant depending on the circumstances. Generally, the more severe the injuries, the more intense the pain and suffering. Therefore, catastrophic injuries, life-threatening conditions, and permanent impairments typically increase the value of pain and suffering damages.
On the other hand, some factors could reduce the compensation awarded for pain and suffering. Ohio’s modified comparative fault law reduces the amount of damages if the victim is partially to blame for causing their injuries. If the victim’s level of fault is 51% or higher, they are barred from receiving any money for their damages.
What Is Included in Pain and Suffering Damages?
Pain and suffering damages include the emotional, mental, and physical suffering you experience after an accident or injury. It also includes ongoing and future losses.
Examples of pain and suffering damages include:
- Diminished quality of life
- The emotional distress and mental anguish you experience
- Psychological conditions, including depression, PTSD, and anxiety
- Loss of enjoyment of life
- The physical pain and discomfort caused by your injuries
- Scarring and disfigurement caused by your injuries
- Permanent impairments and disabilities
Proving pain and suffering damages is challenging. You can help demonstrate the extent of your pain and suffering by keeping a pain and suffering journal. Your journal should include photos of your injuries throughout your recovery. It should also contain notes about your daily emotional struggles, pain levels, and activities you could not perform.
We may consult expert witnesses to gather evidence supporting your claim. For example, medical specialists may testify about the extent of your injuries and the restrictions any impairments may cause. Vocational experts can describe how your injuries prevent you from working and performing specific tasks. Therapists can testify about the mental and emotional toll your injuries cause.
How Do You Calculate the Value of Pain and Suffering Damages?
Two standard methods of calculating non-economic damages are the multiplier and per diem methods.
The Multiplier Method
The multiplier method uses the value of your economic damages (i.e., financial losses) and the factors we discussed above to create an equation to determine how much pain and suffering damages are worth.
We use the factors discussed above to assign a multiplier to the case. The multiplier is a number between 1.5 and five. The more significant the impact your injuries have on your life, the higher the multiplier.
For example, a broken bone may have a multiplier of 2.5 if it did not cause permanent damage and you recovered quickly without complications. However, someone who sustains total paralysis because of a spinal cord injury may have a multiplier of five.
Your financial losses are multiplied by the assigned number to determine the value of your pain and suffering. For example, if the multiplier is 2.5 and your economic damages are $100,000, your pain and suffering damages would be worth $250,000.
The Per Diem Method
We use the same factors to determine a fair daily amount under the per diem method. The per diem is multiplied by the number of days in your recovery to determine the value of pain and suffering damages.
The number of days in your recovery begins with the day you were injured. Generally, it continues until you reach maximum medical improvement or MMI. Your doctor determines MMI when you recover fully from your injuries or when your condition is not expected to improve with time or further medical treatment.
For example, suppose the per diem is $500, and it took you 100 days to recover. Your pain and suffering damages would be worth $50,000.
The per diem method is better suited for cases involving minor injuries that heal completely during a short period. It is not as useful when the victim sustains a permanent impairment.
What Is the Deadline to File a Claim for Pain and Suffering Damages in Ohio?
The statute of limitations sets a deadline for filing a personal injury lawsuit. Most personal injury cases in Ohio have a two-year statute of limitations. If you do not file a lawsuit before the time expires, you lose the right to pursue a claim through the court.
Exceptions to the statute and the parties in your case could change the deadline to file a pain and suffering claim. Therefore, it is best to meet with a personal injury lawyer as soon as possible after your accident or injury.
A Columbus Personal Injury Lawyer Can Help You Calculate Your Pain and Suffering Damages
If another party caused your injuries, you deserve to be compensated fairly for all losses, including your pain and suffering damages. Contact our personal injury law office at Mani Ellis & Layne Accident & Injury Lawyers for a free consultation with one of our Columbus personal injury attorneys to discuss your case, or call us at (614) 587-8423. We’ll fight to obtain fair compensation for you.
