A person who suffers an injury due to the negligence of another driver may receive compensation for medical bills, lost wages and pain and suffering. Pain and suffering is more subjective than most other types of damages.
How is pain and suffering calculated for automobile accidents?
What is pain and suffering?
“Pain and suffering” refers to the physical and emotional distress experienced by people who suffer injuries in a car accident. Pain and suffering may include several types of damages:
- Physical pain
- Physical limitations
- Reduced quality of life or life expectancy
- Mental health issues, such as depression and anxiety
How is pain and suffering calculated?
There are three main ways to calculate damages for pain and suffering. Most insurance companies use the multiplier method. In this method, the person evaluating the claim multiples the economic damages by a number between one and five to determine the value of pain and suffering.
The daily rate method assigns a per day award for each day that the accident victim experiences pain caused by the accident. The final method is to request the maximum payable amount. Ohio law caps non-economic damages at $250,000 or three times the economic damages. However, the cap does not apply when injuries result in the loss of a limb or permanent deformity.
The method of calculating pain and suffering varies based on the severity of the injuries and the facts of the case. If the parties involved can not reach an agreement, the court determines the final value of the settlement.