How is Pain and Suffering Calculated in Ohio?
You can endure a great deal of agony and recovery after a serious accident. The pain and suffering you went through or are still going through is a compensable part of a personal injury lawsuit. How those are calculated will depend on several factors, including the severity of your injuries and the length of your recovery.
At Kitrick, Lewis & Harris, our Ohio car accident and personal injury attorneys are here to help you seek the pain and suffering damages you deserve. We discuss how these damages are typically calculated in Ohio.
Defining Pain and Suffering Compensation
The phrase “pain and suffering” is often used casually, but it takes on a more serious meaning after a personal injury. A car accident, slip and fall, or other incident can have a catastrophic impact on your life.
Beyond the tangible costs like medical bills and lost income, you may also experience intangible losses, such as physical pain, emotional distress, and diminished quality of life. These non-economic damages are unique to each individual and cannot be easily quantified. This includes the actual pain and suffering you endured from the accident.
Forms of Pain and Suffering Compensation in Ohio
Many injury victims wonder what exactly is included in pain and suffering, as well as other types of non-economic damages stemming from their accident. These may include, but are not limited to:
- Physical pain and discomfort
- Post-traumatic stress
- Mood swings and sleep issues
- Disfigurement and scarring
- Loss of companionship and support (loss of consortium)
- Distress
- Emotional and mental anguish
- Grief after the death of a loved one
- Anxiety and flashbacks
- Suicidal thoughts
It is difficult to truly identify all of the suffering a person goes through, and every victim’s journey is unique. An experienced Ohio pain and suffering lawyer knows how to analyze your specific situation and seek the compensation you deserve.
Calculating Pain and Suffering Damages in Ohio
Ohio insurance companies and personal injury attorneys use specialized methods to assess pain and suffering damages. Two common approaches are:
Per Diem Method
The per diem method is most common if the accident victim will eventually make a full recovery, or has already recovered. Also called the daily rate method, it assigns a specific daily rate to what you have been through. This rate is then multiplied by how many days you experienced that pain and suffering.
The daily rate will depend on the severity of your injuries and your economic damages. Your attorney can help explain how this will impact your specific case.
Multiplier Method
The multiplier method considers both economic damages (medical bills, lost wages) and non-economic damages (pain, suffering, emotional distress). It then multiplies your economic damages by a factor between 1.5 and 5 depending on the seriousness of your injuries.
This method will also take into account the severity of your pain and suffering, the length of recovery, and the impact on your overall quality of life. For example, a car accident victim with whiplash that healed in two weeks will likely see a lower multiplier such as 1.5 to 2. A victim with crush injuries and multiple broken bones that take months to heal will likely see a higher rate between 2-5, depending on several factors.
Speak to an Ohio Pain and Suffering Damages Attorney
Our team of experienced lawyers knows how to calculate and seek your pain and suffering damages. We represent injured victims in motor vehicle accidents, slip and fall cases, and so much more. The sooner you speak with a qualified Ohio personal injury lawyer, the more we can do for you. Our team at Kitrick, Lewis & Harris are ready to speak with you about your case. Contact us today for a consultation of your case.
