Placing a financial value on pain and suffering damages is not simplistic. Non-economic damages like this are very much a part of your personal injury claim. As a victim, you suffered more than just the cost of your medical bills and time missed at work. You suffered pain during the incident and recovery, and you may even continue to suffer losses to your quality of life.
Understanding how pain and suffering damages are calculated in Wisconsin can help you see what your claim may be worth. It is nearly always beneficial to work with a personal injury attorney in Wisconsin who can help you develop clear evidence of what those losses may be. Vanden Heuvel & Dineen, S.C. can help you to do just that.
Understanding Pain and Suffering Damages
Pain and suffering damages are non-economic damages because they are more subjective than economic damages. Unlike a medical bill or documented missed hours at work, pain and suffering does not have a specific dollar amount attached to it. However, it is very much a real loss.
There are various types of pain and suffering you may experience. Here are some examples:
- Physical pain and discomfort during the accident, during treatment, and later
- Emotional and psychological distress, including the onset of anxiety, depression, and post-traumatic stress disorder
- Loss of enjoyment of life and reduced quality of life
Your attorney will guide you in evaluating all of the ways your accident and resulting injuries will impact your future as well as your overall quality of life.
Legal Framework in Wisconsin
Pain and suffering is a viable loss under Wisconsin law. That means that the law allows for people who suffer injuries like this to seek monetary compensation for those losses equal to the experienced damages. Wisconsin does not have a cap or a limit on the amount of pain and suffering a person can claim in most types of personal injury cases.
There is a cap on medical malpractice claims or claims made against state and local government institutions. If you file a claim for medical malpractice, your non-economic damages, including pain and suffering, cannot be more than $750,000. More so, if you file a claim against a local or state government organization, those are capped at $250,000.
Comparative negligence
Another important factor that can impact pain and suffering claims is comparative negligence or the role you played in the accident. The court can rule that you were partially at fault for the incident and reduce the compensation owed to you by the percentage of fault you exhibited.
Methods for Calculating Pain and Suffering Damages
There are several strategies your personal injury attorneys in Wisconsin will consider when determining how to calculate a value for personal injury claims of pain and suffering.
The multiplier method is one of the most common methods associated with pain and suffering damage calculations. This method multiplies the actual damages you have (medical bills, lost time at work, and property damage) by a number that is between 1.5 and 5. The figure used is dependent on the severity of the injury. In this situation, if you suffered $20,000 worth of medical bills and lost wages, and it was determined your multiplier is 3, that would mean you are eligible for $60,000 in pain and suffering.
The Per Diem method is another avenue. This method, also known as a daily rate, assigns a specific factor based on the length of your injury. Your daily rate is calculated and assigned to your case. Then, that number is multiplied by the number of days you have been injured or impacted by your injury. For example, if your daily rate is $200 and you will be impacted for 100 days, then your pain and suffering damages would equate to $20,000.
There are also hybrid approaches that may be used. Your attorney can help you negotiate with the insurance company to come to an agreement on how it should be calculated. Factors such as the severity of your accident and the long-term implications of your losses are often taken into consideration.
Factors Influencing Pain and Suffering Calculations
The value of your pain and suffering must factor in a number of aspects of your accident and resulting injuries.
- The severity and duration of the injury. The severity of your injuries directly impacts the value of your claims. Those with long-term or permanent injuries may face a much longer recovery, if at all.
- Medical evidence. Medical records and expert testimony can verify your injuries and losses. Psychological evaluations may help document emotional distress.
- Impact on life: Working, lifestyle, hobbies, and relationships may be impacted by the incident. The daily pain levels you suffer may also need to be taken into consideration.
- Your age and health: Factors such as pre-existing conditions can play a role in your ability to seek pain and suffering, as can your life expectancy and future suffering.
Documenting Pain and Suffering
The better you document your losses, the more likely you are to file a comprehensive, detailed, and hard-to-dispute claim.
Keep a journal. Document:
- Your pain levels each day.
- Limitations on what you can and cannot do during the day.
- Documentation of what your doctors tell you.
- Emotional state and well-being each day.
- Limitations on activities and support needed.
You can also gather supporting evidence from other parties. Your family and friends may be able to clarify how impactful the accident has been on your health and character. Your coworkers can explain how this has impacted your ability to perform your job.
Also note that there are benefits to medical and psychological documentation. Having comprehensive screenings and documenting the results in a court of law can work in your favor. Ensure you choose a professional to provide these services and that they are done in a fair and unbiased manner.
Legal Assistance and Negotiation
Pursuing support in determining the value of your case is critical. Hiring a personal injury attorney will help with this. Your attorney will be able to capture all potential losses to factor into your claim and defend them with evidence.
Presenting a strong case with well-documented evidence can help you secure a higher level of compensation in non-economic damage cases. Your attorney will use this information to help justify the damages paid to you.
More so, when it comes to going to trial for a personal injury case, the judge and jury must be able to see your documented losses. More so, they need to fully understand the implications of those losses on your life.
Your attorney may also use past cases like your own to document the compensation you may be owed. This may include a look at how this incident may impact your future.
Calculate the Damages You Have from Pain and Suffering with Help
Calculating pain and suffering is a careful component of any personal injury claim and one best left to professionals who can help you make wise decisions. Documentation and legal representation can play a significant role in this process.
Contact Vanden Heuvel & Dineen, S.C. to learn more about the legal support we can offer to maximize your claim.
