If you have been hurt in a car crash, dog bite, slip and fall, or other type of accident that was caused by another person’s negligence, you likely know that you have suffered a certain degree of damage.
These losses may include the medical bills sustained to treat your injuries, the wages you lost if you could not return to work right away, and other damages.
In addition to the above damages, you may have also incurred other losses that are not as obvious.
For example, you may be enduring a great deal of pain caused by your injuries, and you may not be able to enjoy the things you once did. These losses are known as pain and suffering in personal injury claims, and you deserve compensation for them. So, how is pain and suffering calculated? Our West Virginia personal injury lawyer explains below.
What is Included in Damages for Pain and Suffering?
Damages for pain and suffering are classified as non-economic damages in personal injury cases. Non-economic damages do not have a concrete dollar value, and so, they are not as easy to calculate when filing a personal injury claim. As the name implies, these damages are meant to compensate you for the physical pain and emotional distress you suffer due to the negligence of another person. Pain and suffering damages include compensation for the following losses:
- Physical pain: The injuries sustained in an accident can cause severe physical pain. This is a loss, and the law recognizes that you deserve compensation for it. It is important to include any past, current, and future pain caused by your injuries.
- Emotional distress: Depression, anxiety, post-traumatic stress disorder (PTSD), and other psychological effects, such as interrupted sleep, are all types of emotional distress experienced after an accident.
- Mental anguish: Worry, grief, and phobias are just some common types of mental anguish caused by accidents.
- Loss of enjoyment of life: If you are unable to enjoy the things you once did, such as hobbies, social engagements, and more, you can include loss of enjoyment of life with damages for pain and suffering.
How to Calculate Pain and Suffering in West Virginia
Calculating pain and suffering damages is not easy, as these losses do not have a quantifiable dollar value. There is no one fixed formula that is used because these losses are subjective and difficult to calculate. There are many factors used when calculating pain and suffering damages, such as the severity of your injuries, your prognosis, and the impact your injuries have had on your daily life.
Insurance companies and West Virginia personal injury lawyers often use one of two methods to calculate pain and suffering damages for the purpose of negotiations. These are as follows:
- The per diem method: The per diem method assigns a daily amount to the pain and suffering you are experiencing. The daily number assigned to your pain and suffering is then multiplied by the number of days it is expected to take for you to make a full recovery.
- The multiplier method: Most often, insurers and attorneys use the multiplier method to calculate pain and suffering damages. This method multiplies the total amount of economic damages (medical bills, lost income, property damage, and more) by a certain number. The number used to multiply is typically between 1.5 for minor injuries and 5 for the most serious injuries.
It is important to note that, along with the severity of your injuries, there are other factors considered when using the multiplier method. These include the extent of your medical treatment, the estimated length of your recovery, and the conduct of the defendant. For example, if someone intentionally hurts someone else during an assault, a higher number may be chosen for the multiplier method.
More importantly, a skilled lawyer will often argue for an upward adjustment, arguing that the specific facts of your case justify an upward departure from the starting point.
Does West Virginia Place Caps on Pain and Suffering Damages?
Generally speaking, the law in West Virginia does not place caps or limits on the amount of non-economic damages, such as pain and suffering, that accident victims can receive. The amount awarded depends on the serious nature of the injury and the impact it has on the quality of your life after the accident.
There is an exception to the law, though. If you were hurt by medical malpractice, the West Virginia Code §55-7B-8 limits non-economic damages to $250,000. If an accident causes severe injuries resulting in permanent disability, disfigurement, or death, the cap on non-economic damages is increased to $500,000. Both of those caps are adjusted upward by a factor to account for inflation, which changes each year.
How Can a West Virginia Personal Injury Lawyer Help?
A number of studies have shown that accident victims who have legal representation obtain a much higher amount of damages than those who do not work with a West Virginia personal injury lawyer. An attorney can help you obtain full damages for pain and suffering in the following ways:
- Identify all liable parties: Negligent parties are only responsible for paying damages up to the limits of their insurance policies. By identifying all liable parties, a lawyer can help you file a claim with multiple insurers, allowing you to obtain the full settlement you deserve.
- Accurately value your claim: It is not easy to determine the full damages you are entitled to, particularly when calculating non-economic losses such as pain and suffering. A lawyer will analyze the facts of your case, identify all current and future damages, and hold the insurers accountable for paying the maximum damages you deserve.
- Collect evidence: An attorney can advise on the types of evidence that will prove your case and help you collect it.
- Negotiate: Insurance companies use many tactics to deny, delay, and reduce claims. A lawyer will know what these tactics are and how to combat them to negotiate for the full damages you deserve.
Our Personal Injury Lawyer in West Virginia Can Accurately Value Your Claim
If you live in ZIP codes 24957, 25442, 25443, or any other in West Virginia, our experienced attorneys can help. At Kaufman & McPherson, PLLC, our West Virginia personal injury lawyer can provide the legal advice you need, accurately value your claim, and negotiate on your behalf for full damages. Contact us to request a free case evaluation and to get the legal help you need.
