Accident victims not only experience many unexpected financial losses, such as medical bills and lost wages, but they also deal with serious physical and emotional pain.
Thankfully, victims can recover compensation for their pain and suffering damages.
Since there are no bills or receipts that can be used to prove the value of these damages, calculating them without the help of an experienced personal injury lawyer can sometimes be a challenge.
Keep reading below to learn exactly how pain and suffering damages are calculated in Arizona.
What Are Pain and Suffering Damages?
Damages are used to compensate victims after an accident. In most personal injury claims, a victim is entitled to recover both economic and non-economic damages. Pain and suffering is a type of non-economic damage that compensates accident victims for the physical and emotional pain and trauma experienced after an accident.
Some common examples of pain and suffering damages are:
- Mental anguish
- Emotional distress
- Loss of consortium
- Diminished quality of life
- Loss of enjoyment of life
- PTSD
- Depression
- Anxiety
The physical and emotional toll that many accident victims experience is devastating. While no amount of money can undo the damage that was done, financial compensation is the method used by the civil court system to make these victims whole again.
Calculating Pain and Suffering Damages in Arizona Personal Injury Cases
There is no fixed formula for calculating pain and suffering damages in Arizona. In settlement discussions, insurers and attorneys may sometimes use estimating methods such as the multiplier method or per diem method, but the value of these damages ultimately depends on the facts and evidence in the case.
Multiplier Method
The most common method for calculating pain and suffering damages is the multiplier method. When using this method, your case is assigned a multiplier between 1.5 and 5. The more severe your injuries, the higher the multiplier will be. A multiplier of 5 is typically reserved for catastrophic injury cases.
The multiplier is then multiplied by the value of your economic damages. For instance, imagine you are involved in a car accident and suffer $30,000 in financial losses. You sustained moderate injuries, and the multiplier assigned to your case is 3. The value of your pain and suffering damages would be estimated at around $90,000.
Per Diem Method
Although not as common, the per diem method is sometimes used to calculate the value of pain and suffering damages. Your case is assigned a daily value based on the severity of your injuries. This daily value is then multiplied by the number of days it took you to reach maximum medical improvement (MMI).
For example, suppose you are hurt in an accident and suffer severe injuries. Your daily value is determined to be $500. If it took you 200 days to reach MMI, then the value of your pain and suffering damages would be roughly $100,000.
What Evidence Is Used to Prove Pain and Suffering Damages?
Your medical records are a big part of telling your story and getting compensation for your injuries. These records can detail the specific injuries you have experienced.
To tell the complete story, you might also use:
- Doctors’ statements
- Testimony from friends and family
- Pain journals or day-in-the-life journals
- Your own testimony
- Expert witnesses
An experienced lawyer can help determine all the evidence that would be most beneficial to your case.
What Other Types of Damages Are Available in a Personal Injury Claim?
Not only are victims entitled to recover pain and suffering damages, but they can also recoup their financial losses. These are known as economic damages.
Some common types of economic damages available in these claims are:
- Medical bills (current and future)
- Lost wages
- Lost benefits
- Future reduced earning capacity
- Out-of-pocket expenses
- Medical equipment or devices
- Physical therapy or rehabilitation
Putting a value on these damages is usually fairly easy. They usually have a specific value, and that value can be proven with bills, receipts, invoices, and other documentation.
Maximizing Your Compensation After an Accident
The specific value of your pain and suffering damages depends heavily on the severity of your injuries. The more severe your injuries, the more these damages are likely to be worth.
In order to protect your legal rights and maximize the value of your damages, you should:
- Seek immediate treatment for your injuries
- Never admit fault for the accident
- Gather as much evidence as possible, such as photos and witness information
- Save all receipts, bills, and other documentation
- Contact an experienced lawyer for help
You should never give a statement to the insurance company without first talking to a lawyer. Insurance companies can use your statements against you to minimize the value of your claim.
Contact the Phoenix Personal Injury Lawyers at AJ Law, PLC for Help Today
If you have been hurt in an accident in Phoenix, AZ, you may be entitled to recover significant compensation for your pain and suffering and other damages. You do not have to go through this difficult and confusing time on your own.
Contact the team at AJ Law, PLC at (602) 237-5277 to schedule a free consultation with a Phoenix personal injury attorney and let us help you get the compensation you deserve.
