When you sustain an injury due to another’s negligence, you may have several questions about your claim. How is pain and suffering calculated in Arkansas? How does insurance calculate pain and suffering? Are there any limits to my damages?
To help answer these questions, this article explores the different ways to determine pain and suffering and how different damages may apply to your case. No matter what type of injury you have, it’s important to have someone on your side who understands the full extent of your losses.
At the Harris Law Firm, our Arkansas personal injury attorneys know the impact of pain and suffering and how it affects the day-to-day life of victims.
Damages Included in Pain and Suffering
Unlike economic damages like medical bills or vehicle repairs, pain and suffering deals with the intangible losses you experience due to your injuries. The physical and emotional costs of an injury are just as important as the economic costs, which is why many victims pursue pain and suffering damages. These damages usually include, but are not limited to:
- Physical pain or discomfort,
- Permanent disfigurement,
- Permanent disability,
- Psychological trauma (PTSD, anxiety, depression, etc.),
- Loss of quality of life,
- Loss of consortium, and
- Loss of companionship and guidance.
Whether you have one or all these damages, it’s important to keep them in mind when pursuing your claim.
Why a Pain and Suffering Calculator Isn’t Accurate
During your research, you may find links to a free pain and suffering calculator that claims to give an accurate estimate of your damages. Unfortunately, these calculators don’t provide the most accurate results. Since there are several factors that affect a personal injury claim, a calculator isn’t enough to determine the full extent of your damages. They cannot take into account the various aspects of pain and suffering that victims endure as a result of their injuries. What if your injuries prevent you from doing basic tasks? What if they make previous hobbies or activities impossible? These damages aren’t considered in online calculations, so it’s always best to seek the help of an attorney that knows how to include them in your claim’s value.
How Is Pain and Suffering Determined?
While every attorney has their own unique way of calculating pain and suffering, they often base their calculation on one of two methods. Here’s a breakdown of each and when an attorney might use them.
The multiplier method is one of the most common calculations for pain and suffering. This approach uses a whole number, typically between 1 and 5, to multiply the total economic damages. For example, if you have $100,000 in economic damages and your attorney assigns a multiplier of three, your pain and suffering damages would be $300,000. The size of the multiplier depends on the severity of your pain and suffering. In instances of total disability or permanent disfigurement, this number will be higher.
Per Diem Method
Another common method used by attorneys is the per diem method. With this approach, the attorney demands a dollar amount per day of pain and suffering. The per diem method is often a good option for cases involving temporary injuries. Consider the following example of how an attorney might apply the per diem method:
Jane gets into a car accident and receives a neck injury. As a result, she needs to wear a brace for three months. Her pain and suffering continues for another three months after the brace comes off, requiring medication. In total, her pain and suffering lasts for 180 days. Jane earns $70,000 per year at her job, or about $270 per working day, and Jane’s attorney uses this amount as a per diem multiplier. Since her pain and suffering continued for 180 days, Jane’s attorney demands a total of $48,600 in damages.
From this example, it’s easy to see why the per diem method doesn’t work as well for cases involving permanent injuries. However, it might be the ideal method for your claim if you have a recoverable injury. So how is pain and suffering calculated in Arkansas for cases like yours? The only way to know for sure is to contact one of our Arkansas personal injury attorneys.
Are There Any Limits for These Damages?
Many states place a cap or limit on the amount of damages in a personal injury claim. However, Arkansas doesn’t limit damages. In fact, such caps are unconstitutional in Arkansas, since our constitution forbids the state from passing a law “limiting the amount to be recovered for injuries resulting in death or for injuries to persons or property.”
Need Help with Your Claim? Call Harris Law Firm Today
We hope this information helped answer your basic questions about pain and suffering. However, if you need any help managing your claim or calculating your damages, don’t hesitate to reach out. At Harris Law Firm, we have over 35 years of experience representing clients injured due to the negligent actions of another. We work one-on-one with all our clients and fight for the compensation they need to recover. Call us today at 877-714-4171 or contact us online to schedule a free initial consultation.