Most insurance companies and attorneys like to rely on a reasonable formula to determine the case value and calculate pain and suffering.
One such method is known as the multiplier method: This is involves the sum of the past and future medical bills multiplied by a reasonable multiplier usually 3 plus the sum of the special damages.
(Medical bills, both past, and future) x (multiplier)
(Total of Economic Damages, like medical bills, property damage, lost wages, etc.)
= Reasonable Value of Case
The more severe the injury, the higher the multiplier with 5 being the highest. Essentially, your pain and suffering is worth 5 times the economic cost of repairing the serious injury. The insurance company and your attorney will assess the factors to determine the degree of injuries and the pain and suffering, and thus the multiplier to be used.
The Per Diem method may also be used to calculate the value of pain and suffering. This method analyzes the pain for each day of the injured victim’s remaining life. A reasonable dollar amount is paid for each day from the time of the accident until the victim reaches maximum medical improvement. The daily compensation is often a reasonable sum, usually $100 per day or based on the minimum wage in the jurisdiction.
It is difficult to argue what the fair compensation should be for an injured victim’s pain and suffering. The pain, suffering, discomfort, and inconvenience of a particular injury is different for each person. Pain and how it affects someone is extremely subjective. As a result, many attorneys have developed very creative arguments on how pain and suffering should be calculated. How much would you agreed to be paid for living a life of pain? What would the reasonable pay be for this type of job? What is the daily fee rate of the medical specialists treating the injury? These are the types of arguments that attorneys present in order to calculate what fair compensation should be for a particular plaintiff.