The 2 Methods of Calculating Non-Economic Damages in Personal Injury Law

Personal injury cases can be very complex due to the many damages involved. Non-economic damages are particularly noteworthy because they are crucial in compensating victims for intangible losses, like mental distress and a lower standard of living.

You’ll need to find a personal injury attorney to help you navigate your claims and determine which damages apply to your case. This article will help you understand the two methods for calculating non-economic damages in personal injury law so that you can make informed decisions about your case.

1.The Multiplier Method

One method frequently used to calculate non-economic losses is the Multiplier Method. To determine non-economic damages, the total economic damages, such as lost pay and medical costs, must be multiplied by a certain number. The multiplier is usually determined by how serious the injuries are and how they affect the victim’s life.

When determining the appropriate multiplier, factors such as the nature of the injury, the duration of recovery, and the long-term effects on the individual’s quality of life are considered.

For instance, if a victim incurred $50,000 in economic damages and the multiplier used is 2, the non-economic damages would amount to $100,000, resulting in a total compensation of $150,000. It’s crucial to remember that the multiplier approach can change based on the jurisdiction and the particulars of the case.

2.The Per Diem Method

The Per Diem Method, on the other hand, determines non-economic damages by using the victim’s daily rate of pain and suffering. Using this method, the cost of each day the person has experienced pain, emotional anguish, or a reduction in their quality of life as a result of the injury is calculated.

The severity of the injuries, the length of the recuperation period, and the effect on the victim’s everyday activities are some elements that affect the daily rate.

For example, if the daily rate for pain and suffering is $200 and the victim experienced these damages for 300 days, the total non-economic damages would amount to $60,000. The Per Diem Method provides a more granular approach to calculating non-economic damages, considering the specific circumstances of the individual’s suffering.

Grasping the intricacies of calculating non-economic damages is pivotal in managing a personal injury case. It gives victims the power to make sure they are fairly compensated for the psychological and physical suffering caused by their injuries.

Per Diem Method

However, this task of determining the appropriate method and arriving at a fair monetary value for non-economic damages can be daunting without the guidance of legal professionals.

At this juncture, a personal injury attorney’s expertise becomes invaluable. A proficient attorney can meticulously evaluate the case, including the extent of the injuries and their impact on the victim’s life, to determine the most suitable method for calculating non-economic damages.

Moreover, an attorney can skillfully negotiate with insurance companies or represent the victim in court to secure the maximum compensation the victim rightfully deserves.

If someone else’s negligence or bad behavior causes you harm, you’ll need legal assistance to protect your rights and receive the money you deserve. Throughout the legal process, a personal injury lawyer may be your compass, fighting for you to make sure you get just recompense for your losses.

Wrap Up

Non-economic damages are critical in personal injury cases, compensating victims for intangible losses such as pain and suffering. The Multiplier and Per Diem Methods are two primary approaches used to calculate these damages, each with their own considerations and complexities.

Through comprehension of these techniques and enlisting the aid of a proficient personal injury lawyer, victims can confidently maneuver the legal system and obtain the compensation necessary to enable them to go on with their lives.

Leave a Comment