Insurance companies and your lawyer may use the multiplier method or the per diem method to calculate pain and suffering.
Because pain and suffering have no set dollar value, these methods help assign a value so you can seek compensation for these losses in your settlement.
What Constitutes Pain and Suffering in a Car Accident
Under Texas Civil Practice and Remedies Code § 41.001(12), pain and suffering (non-economic damages) includes the physical pain and emotional and mental distress caused by your injuries or losses. A car accident can affect your life in many ways, including lost enjoyment, permanent disfigurement, post-traumatic stress disorder (PTSD), and loss of consortium or companionship.
The Multiplier Method Is a Common Formula for Pain and Suffering
The multiplier method is a common way to calculate pain and suffering. Your pain and suffering may be given a number from 1.5 to 5, which is then multiplied by your economic damages.
For example, if your rating is 3 and your economic damages are $100,000, your non-economic damages would be $300,000. Texas has no cap on pain and suffering damages for car accidents.
The Per Diem Method Is Another Option for Pain and Suffering Damages
The per diem method is another way to calculate pain and suffering. Your lawyer may work with medical professionals to set a fair daily value for your losses. The estimated number of days needed for maximum medical recovery is then multiplied by the daily value of your pain and suffering. This total is the amount you may be able to recover.
Evidence Needed to Demonstrate and Calculate Pain and Suffering in a Car Accident Case
Pain and suffering can be hard to measure because it is personal and has no set value. You still need strong evidence to show your pain and suffering, such as medical and mental health records, daily journals, and statements from you, loved ones, and health professionals.
Shared fault can also lower the value of your settlement. Under Texas Civil Practice and Remedies Code Chapter 33, your compensation may be reduced based on your fault, up to 50%.
Time Limit for Pain and Suffering Claims
Claims for pain and suffering damages must generally be filed within two years of the accident under Texas Civil Practice and Remedies Code § 16.003. This deadline applies to both non-economic and economic damages, but the time limit may vary based on your case, especially if a government entity is involved.
Because of this deadline, it is important to pursue full compensation as soon as possible. In many cases, working with an attorney can improve your chances of recovering compensation for pain and suffering.