Understanding How Pain and Suffering Damages Are Calculated in a Kentucky Personal Injury Case
After suffering an injury in an accident because of someone else’s negligence, you will incur medical expenses. If it takes a long time for you to recover from your injury, you may not be able to earn an income. Fortunately, after sustaining an injury in an accident in Kentucky because of someone else’s negligence, you can be compensated for medical expenses and lost wages. Medical expenses and lost wages are examples of economic damages. In a Kentucky personal injury case, you can also recover non-economic damages.
Pain and suffering damages are examples of the non-economic damages you can recover in a Kentucky personal injury claim. If you suffered an injury in Kentucky because of another person’s negligence, you can recover compensation for both the emotional and physical pain and suffering the injury has caused you. However, proving the extent of your pain and suffering can be challenging. Calculating pain and suffering damages can also be challenging. That is why it is crucial to retain a skilled personal injury attorney if you plan to seek compensation for these damages.
Calculating Pain and Suffering Damages
Determining the value of economic damages is usually easy since these damages have a price tag. For example, invoices make it easy to calculate the value of medical expenses. On the other hand, non-economic damages such as pain and suffering damages are difficult to calculate because they do not have a price tag. However, when you seek pain and suffering damages in your injury claim, you will need a way to translate these damages into a dollar value. While there are no specific methods for calculating pain and suffering damages, an experienced attorney can help you calculate the value of your pain and suffering damages.
Insurance companies and personal injury attorneys usually use one of two formulas to calculate pain and suffering damages.
- The multiplier method
- The per diem method
However, the multiplier method is the more established and widely used method of calculating pain and suffering damages. This method works by assigning a victim’s pain and suffering a number. The severity of a victim’s injuries is one of the main factors that determine which number should be assigned to their pain and suffering. After a number has been assigned to a victim’s pain and suffering, that number is multiplied by the total amount of economic damages.
The per diem method works by assigning a daily rate for each day a victim endured pain and suffering due to their injuries. Usually, this daily rate is calculated using the victim’s potential daily income had they not suffered the injuries.
Evidence You Can Use To Prove Pain and Suffering Damages
Some evidence your attorney might use to prove your pain and suffering include;
- Medical records
- Your testimony
- Testimonies from friends and family
- Expert testimony
Contact a London Personal Injury Attorney
If you’ve sustained injuries in an accident in Kentucky because of someone else’s negligence, please don’t hesitate to contact our skilled and dedicated London personal injury attorneys at Cessna & George Law Firm. We can ensure you recover the compensation you deserve for your economic and non-economic damages.
Source:
law.cornell.edu/wex/negligence
