Charlotte Injury Lawyers Blog
How is the Monetary Value of Pain and Suffering Calculated?
Accidents can result in extreme injuries that require extensive treatment. Along with injuries often comes quite a bit of pain. The negligent person responsible for the accident should be held accountable for paying all the costs associated with your injuries. Some costs are economic, and others are non-economic. The victim of an accident expects compensation for all damages they suffer due to the negligence of another.
Types of Damages
There are two main categories of damages: compensatory and punitive. Compensatory damages are either economic or non-economic. Punitive damages may be imposed by the court as a punishment and deterrent. Economic damages are those that have a specific cost associated with them. Medical costs and lost wages are two examples of economic damages. Pain and suffering are examples of non-economic damages. The amount of money associated with them depends on a variety of factors.
What is Pain and Suffering?
When someone experiences a serious injury, they suffer not only the immediate consequences but also often ongoing pain and treatment. Pain and suffering are non-economic types of damage, but they are still very real. Non-economic damages are more challenging to evaluate, but they are compensable. Pain and suffering may include the initial pain that you suffered, pain during and after surgery, and pain throughout the healing process. Suffering often refers to both mental and physical discomfort caused by the injury.
Calculating Pain and Suffering
North Carolina does not have a specific formula in place to calculate the monetary value of pain and suffering. There are two main methods that are often utilized to determine pain and suffering. The multiplier method multiplies the total value of economic damages by a number. The multiplier is typically under 5 percent of the total damages. Another way to calculate pain and suffering is with a per diem method. This method uses a specific dollar amount per day and multiplies it by the number of days the person was in pain.
Is There a Limit to Pain and Suffering Payments?
The law does not limit the amount of money a victim may receive for pain and suffering for most auto accident cases, slip and fall cases, and the loss of a loved one. However, there are limits in place for pain and suffering damages in medical malpractice claims. The law limits the amount of pain and suffering in those instances to $500,000. It is important to keep in mind that you may seek other types of damages based on the injuries incurred. For instance, you may request compensation for chronic emotional issues you suffered as a result of the accident. Some of these may include post-traumatic stress disorder (PTSD), depression, anxiety, and insomnia, to name a few. These and other disabilities are separate from a request for pain and suffering.
There is a statute of limitations in place that requires victims of most types of accidents to file a claim within three years. The limit is two years for wrongful death lawsuits. You will want to speak to a personal injury attorney as soon as possible after the injury. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 for a free initial consultation to discuss your injuries.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_90/gs_90-21.19.html
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Patient with sling and cup of pills Free Stock Photo | FreeImages
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