If you’ve been injured in a car accident or other incident in Washington State, you may already know that you can seek compensation for your financial losses. However, what about the physical pain, emotional distress, and overall impact the injury has had on your daily life? These fall under what the law refers to as pain and suffering damages, and they can make up a significant portion of your total non-economic damages recovery.
Learning about how these damages are calculated can help you get a better sense of what your claim may be worth. While there is no exact formula required by Washington law, insurance companies and attorneys generally rely on one of two common methods.
The Multiplier Method
The multiplier method is one of the most widely used approaches for calculating pain and suffering damages. It works by taking the total amount of your economic damages, such as medical expenses and lost wages, and multiplying that number by a factor typically ranging from 1.5 to 5.
The specific multiplier used will depend on several factors, including:
- The type and severity of your injuries
- How long your recovery is expected to take
- Whether your injuries resulted in any permanent limitations
- The overall impact on your quality of life
For example, a case involving a minor soft tissue injury would likely receive a lower multiplier, while a case involving a traumatic brain injury (TBI) could justify a higher one.
There is no set rule for which number applies, which is one reason why having an experienced Seattle injury attorney negotiate on your behalf matters. Otherwise, you risk resolving your case for less than what it’s actually worth.
The Per Diem Method
The per diem method takes a different approach. Instead of using a multiplier, it assigns a specific daily dollar amount to your pain and suffering and then multiplies that amount by the number of days you were affected by your injuries.
For instance, if a daily rate of $150 is applied and your pain and suffering lasted for 200 days, your pain and suffering damages would be calculated at $30,000. The daily rate is often tied to something concrete, like your average daily earnings, to give it a reasonable basis.
This method can be particularly useful in cases where the injured person dealt with a prolonged but eventually complete recovery. However, it can be harder to apply in cases involving permanent injuries where there is no clear end date. Your personal injury lawyer can help you determine the best method for your particular circumstances.
Contact Seattle Injury Law for Help With Your Pain and Suffering Damages Claim
Pain and suffering damages are often the most contested part of a personal injury case. Insurance companies will almost always try to minimize what they pay for these losses, which is why having experienced legal representation on your side may be in your best interest.
If you’ve been injured in an accident in Washington State, contact Seattle Injury Law today for a free consultation at (800) 928-5486. We’ll do everything in our power to help you maximize what you recover for your economic and non-economic damages, including your pain and suffering. We also work on a contingency fee basis, which means you only pay attorney’s fees if we win compensation for your case.
