Utah’s Code Section 31A-22-309 lays down the conditions, limitations, and exclusions related to damages arising out of a personal injury. Medical bills, loss of current wages, and other immediate expenses can be easily calculated, but pain and suffering damages, which are also referred to as non-economic damages, are difficult to quantify.
Non-economic damages include loss of future wages, physical impairment, future medical treatment, psychological damage, sadness, fear, loss of social life, etc. These are difficult to calculate because they are estimates, and therefore very subjective. Our team of personal injury lawyers created this guide for a better understanding of the topic:
What Factors are considered for Calculating Pain and Suffering Damages?
- Will the victim’s injury impact his daily work and social life in the future?
- Are his injuries serious enough to alter his lifestyle going forward?
- How long will it take for his injuries to fully heal?
- How has the accident impacted the victim’s relationship with colleagues and family?
- Can the doctor say for certain when the injuries will heal completely?
- Will the victim require at-home care, or devices? If yes, then for how long?
How are Such Non-Economic Damages Calculated?
To calculate these damages, the first thing to estimate is for how long the victim’s pain and suffering will continue.
Many of Utah’s attorneys use a “per day” (also called “per diem”) method for estimating pain and suffering damages. For example, if the victim incurred medical expenses and lost wages worth $6,000 in 30 days, then his per day cost works out to $200.
Next, the cost is multiplied by the number of days that the victim’s pain and suffering are expected to continue. So for example, if the victim’s injuries are estimated to linger for 500 days, then his non-economic damages work out to $100,000 ($200 × 500).
The second method of calculating such expenses is the multiplier method. The victim’s attorney, after consulting experts, first calculates the current expenses, lost wages, and future expenses, and then multiples these with a factor that ranges between 1.5 and 5. The lowest factor is used for cases in which the injuries are not so serious; the multiplier increases as the severity of the injuries increases. For example, the attorney is likely to use the highest multiplier of 5 in case the victim has sustained a traumatic brain injury.
Our firm deploys sophisticated algorithms to accurately estimate such damages and we go way beyond the rule-of-thumb “per diem” method or multiplier method.
What Documents are Needed to Substantiate Pain and Suffering Damages?
- Experts’ (medical, financial) opinions.
- Current and past medical prescriptions and diagnostic tests.
- Photographs of injuries.
- The victim’s testimony, detailing his current physical and mental state.
- Statements from family members, employer, friends, and colleagues about any changes they have witnessed in the victim.
How Do Insurance Companies calculate Pain and Suffering Damages?
Insurance companies exist to make profits, and not to empathize with the victim or increase his payout. Naturally, these companies end up using a lower multiplier or a lower “per diem” figure. They also dispute the number of days that the victim is estimated to suffer.
It is not easy dealing with either the insurance company or the defendant when it comes to claiming non-economic damages. You need a skilled and experienced attorney who can demonstrate his successful track record in helping clients get the non-economic damages that they deserved.
Working with an inexperienced lawyer or a firm that is into general practice can embolden the insurance company’s and defendant’s lawyers to bulldoze through the case and arm-twist the rookie or inexperienced lawyer into submission.
To learn more about how we can help you get the rightful economic and non-economic damages that you deserve, we urge you to take advantage of our free meeting offer.
FREE INITIAL MEETING
Our team of experienced personal injury lawyers will diligently review your case and provide you with actionable and useful advice in the free initial meeting, just like they have helped hundreds of other victims receive millions of dollars in economic as well as pain and suffering damages.
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This is a no-pressure, no-obligation, free meeting during which you will learn about the strengths and weaknesses of your case, and about how we can help you succeed.
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