How Pain and Suffering is Calculated in WA State Personal Injury Cases – Personal Injury Legal Blogs Posted by Michael John Tario
In a personal injury case, pain and suffering is the legal term for that part of the settlement that compensates the victim for the physical and emotional distress caused by an injury. Some examples of pain and suffering are depression, loss of vitality, restricted activity and chronic pain.
One of the many benefits of hiring a personal injury attorney for personal injury assistance is it can help calculate a dollar value for your pain and suffering. The injury attorney will consider an area of comparison that is most likely to be offered in negotiations or in a jury award. This information gives the plaintiff a good idea of what compensation to expect for their pain and fair offer.
When making a personal injury claim, you may be wondering how the damages for pain and suffering are calculated in Washington State. The short answer is that there is no legal obligation to calculate these damages in any particular way. In practice, however, juries often use guidelines and general conditions to create a number.
How is Pain and Suffering Computed in Personal Injury Cases in Washington State?
The multiplier method is one of the most common methods of calculating pain and suffering. This method calculates pain and suffering by looking at the medical cost of treating the injuries caused by the accident and multiplying it by a factor that is often between three and seven. For example, if the medical cost is $ 15,000 and the jury uses a factor of five, the pain and suffering portion of the award is $ 75,000.
A jury often takes into account the severity of the damage and not or in addition to using the multiplier method to calculate pain and suffering. Just because one injury costs as much as another doesn’t mean it is causing the same stress. In particular, they will and will try to answer the question about the impact of the injuries on the plaintiff. For example, burns that cover the face, arms, and trunk are much more distressing than burns that cover the right leg and foot because they cannot be concealed.
How are pain and suffering proven?
An agreement is only granted if it can be proven that the pain and suffering are directly attributable to the accident caused by the negligence of the accused. Personal injury attorneys create a case by gathering all relevant information, including medical transcripts. They also interview witnesses and hire experts as necessary to prove their client’s case. The information collected is used to negotiate a fair deal. If a fair settlement is not offered, the lawyer will represent you in court, where a jury will determine liability and damage.
Seek the help of a personal injury attorney
If you or a loved one has been injured as a result of someone else’s negligence, contact a personal injury attorney to discuss your legal rights. Let a skilled accident attorney fight for the full compensation you deserve. It is not uncommon for the insurance company to receive a severance payment five to ten times the amount with the help of a lawyer. Call the Personal Injury Attorneys at Tario & Associates, PS in Bellingham, WA for a FREE consultation! We have represented residents of Whatcom Counties, Skagit Counties, Island Counties, and Snohomish Counties since 1979. You pay nothing in advance and no legal fees unless we claim damages for you!