Personal injuries can cause physical, emotional, and financial losses. Under Hawaii tort law, the plaintiff in a personal injury case can sue for those losses, including pain and suffering, a form of non-economic damages. So, how is pain and suffering calculated?
Read on to learn how this can be calculated for your case. Contact our personal injury lawyers to see how we can help you get the compensation you deserve after an accident.
What Is Pain and Suffering?
Pain and suffering settlement examples in a personal injury case include:
- Emotional distress,
- Physical pain,
- Loss of the ability to enjoy life,
- Anxiety or depression,
- Mental anguish,
- Post-traumatic stress disorder, or
- Insomnia.
Any form of psychological affliction deemed a direct outcome of the accident and resulting injuries is potentially a form of non-economic damages.
Proving Pain and Suffering
As the plaintiff, you must prove pain and suffering. A pain journal or written statement can help. Medical notes and statements from loved ones also provide supporting evidence.
How Is Pain and Suffering Calculated?
Every personal injury case has unique circumstances, and the court may use different methods to calculate the compensation you receive. The two typical ways insurance companies determine a monetary value for pain and suffering include:
- Using a multiplier. They will calculate your total economic damages, such as the cost of medical care and lost wages, and multiply that number by a number between 1.5 and five. The higher the multiplier, the more severe the injuries.
- Per diem method. The per diem method requires calculating the financial losses of a single day, such as the lost income from missed work, and multiple that by the number of days the plaintiff suffered psychologically and physically.
In Hawaii, there is a $375,000 cap on pain and suffering compensation, but the specific circumstances of your case could change that.
Want To Know How To Calculate Pain and Suffering For Your Case? Our Lawyers Can Help You Determine The Value Of Your Case
Calculating pain and suffering in personal injury cases is complex because it involves both tangible and intangible impacts on your life.
Working with an experienced attorney at Cronin, Fried, Sekiya, Kekina & Fairbanks & Fairbanks can help ensure that all aspects of your suffering are accurately represented, from physical pain to emotional and mental distress.
A skilled legal team will work to secure fair compensation, allowing you to focus on recovery and restoring your quality of life. Call us today or use our online contact form.
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