Calculating pain and suffering in Virginia can be challenging. That is because there is no set formula for evaluating an accident victim’s physical pain and mental suffering following a traumatic event or accident. However, lawyers and insurance companies frequently consider two primary pain and suffering calculation methods: the multiplier and the per diem methods.
The multiplier method reviews the value of an accident victim’s measurable losses or economic damages and multiplies that number by a factor usually between 1.5 and 5 in typical cases. The more significant the injury and the longer recovery takes, the higher the factor that is used.
The per diem method calculates a person’s income and assigns a dollar amount for every day worked. The number is multiplied by the number of days the victim is out of work, undergoing treatment for their accident-related injuries, or suffering because of their injuries.
What Is Included in Pain and Suffering Claims?
The issue with defining pain and suffering is that they are subjective. In other words, no objective price tag is attached to an accident victim’s pain and suffering. In the legal framework, pain and suffering typically mean the physical and mental distress a victim experiences following an accident. Physical pain, emotional distress, and psychological trauma can significantly impact a person’s overall quality of life. Pain and suffering may also refer to the daily struggles and life adjustments an accident victim must make when their physical injuries or post-traumatic stress causes their limitations.
Pain and suffering compensation falls under the category of non-economic damages. Non-economic damages are the compensation an individual can seek for quality-of-life-related issues like emotional distress. However, Virginia limits a person’s ability to pursue compensation for emotional distress unless the accident victim also suffered physical injuries as a result of an accident.
In contrast, economic damages are compensation for tangible losses that usually come with a specific dollar amount attached, such as medical expenses, lost wages, and property damage.
How to Prove Pain and Suffering Damages in a Virginia Personal Injury Claim
Proving something as subjective as pain and suffering can be challenging without significant supporting evidence and documentation.
Some of the evidence needed to help support a pain and suffering settlement could include:
- Medical bills and medical records
- Witness statements
- Photographs and videos of the accident scene and your injuries
- Expert witness testimony
Working with an experienced attorney is essential because an attorney has the skills and resources to gather the necessary evidence for your case before it can be lost or destroyed. Attorneys also have connections with medical and other experts who can provide testimony about the severity of your injuries and how they impact you physically, mentally, and vocationally. These experts and testimony from witnesses, family, or friends can also demonstrate how your injuries and subsequent pain and suffering diminish your quality of life.
Talk to Our Virginia Pain and Suffering Attorney Now
As a skilled personal injury attorney, D. Michael Mullori, Jr., understands how to build a solid case demonstrating how pain and suffering impact an accident victim’s life. He is prepared to aggressively negotiate for maximum compensation for all your accident-related losses, including pain and suffering. Mike Mullori fights for justice. He fights for you.
Contact our office online or call (703) 762-2142 today and schedule a free consultation to discuss your options for pursuing a pain and suffering award.
