If you have been hurt in an accident in Indiana, you may be able to recover compensation for your damages by filing a personal injury claim. The specific damages that you can recover will depend on the facts of your case. Most accident victims can recover both economic and non-economic damages for their losses.
Pain and suffering is a type of non-economic damages. Keep reading below to learn exactly how pain and suffering damages are calculated in Indiana personal injury claims.
What Types of Cases Allow You to Recover Pain and Suffering Damages?
Pain and suffering damages may be available in nearly any type of personal injury case. Any case in which the victim suffers physical pain or emotional trauma can open the door to pain and suffering damages.
This is common in car accident claims, but can also be present after:
- Truck accidents
- Bus accidents
- Pedestrian or bicycle accidents
- Slip and fall accidents
- Medical malpractice
- Premises liability accidents
Victims who are injured by defective products may also suffer severe pain, and they can receive pain and suffering damages through a product liability claim. An experienced personal injury lawyer can help you determine all the damages that may be available in your case.
Identifying Pain and Suffering Damages
An injury can take a toll on a victim both physically and emotionally. The more severe the injury, the more pain and suffering the victim is likely to endure.
Victims who are injured in Indiana can recover compensation for both the physical and emotional impacts of their injury. While money cannot undo the situation or reverse the injury, financial compensation is the method used by the court to help make the victim whole again.
Accident victims may recover two types of pain and suffering damages: physical pain and suffering and emotional distress or mental anguish as described below.
Physical Pain and Suffering
Injuries, especially severe ones, typically come along with severe pain. In some cases, an accident victim may deal with chronic pain for years to come.
Some examples of injuries that cause substantial physical pain include:
- Broken bones
- Paralysis
- Nerve damage
- Brain injuries
- Head and neck injuries
- Back and spine injuries
- Severe burns
- Amputation or loss of limb
An experienced lawyer can use your medical records and the details of your injuries to put together a pain and suffering claim that helps to maximize your financial recovery.
Emotional Distress or Mental Anguish
Some victims may find that the mental and emotional side of their injury is much more difficult than they anticipated. Severe injuries can alter your daily life, and this can have a drastic effect on your mental health.
Some examples of the mental effects of injuries include:
- PTSD
- Loss of consortium
- Loss of enjoyment of life
- Depression
- Anxiety
- Grief
- Cognitive changes
- Diminished relationships with friends and family
Even minor injuries can have substantial mental effects, especially when they force you to change your lifestyle or daily habits.
Calculating Pain and Suffering Damages in Indiana
Putting a specific value on your pain and suffering damages can be a challenge. These damages can make up a large portion of the total value of your personal injury claim. In some cases, your pain and suffering damages might be as high as five times the amount of your financial losses.
While there is no exact formula, the following are two primary methods used to calculate pain and suffering damages:
Multiplier Method
The multiplier method is the most common way to calculate pain and suffering damages. First, a multiplier between 1.5 to 5 will be assigned to your claim. This multiplier is based on many factors specific to your case, and cases involving more severe injuries will use a higher multiplier.
Your economic damages are then multiplied by the multiplier. For instance, if you have economic damages of $20,000 and a multiplier of 2, then your pain and suffering damages may be worth approximately $40,000.
While this is not an exact science, it is a good way to determine an estimate of your pain and suffering damages. Your lawyer can help negotiate a final number based on all the factors in your case.
Per Diem Method
Although not used as commonly, the per diem method is another way to calculate pain and suffering damages. Using this method, a daily value is assigned to your case for your pain and suffering.
That value is then multiplied by the time it took you to reach maximum medical improvement, or full recovery. For instance, a daily value of $200 and a 100-day recovery means that your pain and suffering damages may be worth approximately $20,000.
Proving Your Pain and Suffering
Some damages are easy to prove, such as medical bills or property damage. However, you don’t have any bills or receipts that can show how much pain and suffering you endured. Instead, you must present evidence that will help prove your claim.
Some common types of evidence used to help prove your pain and suffering damages include:
- Medical records
- Photographs
- Statements from friends and family
- Pain journals
- Expert witnesses
- Testimony from your doctor or other health care providers
Keeping detailed notes throughout your recovery can be extremely valuable when it comes time to prove your pain and suffering damages. Record information about your daily activities, your pain levels, and how your life has been impacted.
Contact the Indianapolis Personal Injury Lawyers at Wilson Kehoe Winingham Injury Lawyers for Help Today
Receiving a fair compensation for your pain and suffering without the assistance of a lawyer can be challenging. Insurance companies will look for every way they can to minimize the value of your claim, including using your own statements against you.
Reach out to Wilson Kehoe Winingham Injury Lawyers at (317) 920-6400 today for a free consultation and let us help you get the compensation you deserve. Our Indianapolis personal injury attorneys are ready and waiting to help you.