Calculation of Pain And Suffering Caused By Someone’s Negligence

The legal system defines negligence as careless and neglectful behavior. That is the sort of behavior that can trigger the occurrence of an accident. If that accident results in harming others, those that were harmed can seek compensation for their pain and suffering.

Calculation of pain and suffering should follow presentation of proof that the victim had to deal with pain and other issues.

Pictures of injuries would help to establish proof. A journal or diary stating the victim’s daily challenges, while recovering from the accident could demonstrate the existence of pain and suffering.

A medical record could serve as another proof. An injured patient should share with the treating physician details on any painful sensation. A witness might be able to testify to the effect of a given injury on the claimant/victim. That witness should be someone that knew the claimant quite well during the period leading up to the accident.

Methods that might be used for the calculation:

Multiply the total value for all the economic damage by a figure between 1.5 and 3. If an accident has caused catastrophic injuries, that total value might be multiplied by a larger figure, perhaps a number between 6 and 10. That approach to calculating the non-quantifiable costs to the victim (the pain and suffering) works best when the damages are less than $50,000.

The alternate method relies on the consideration of this question: What is the daily cost for living with the acquired injury? That cost figure then gets multiplied by the number of days that it took for the injured victim to recover. Note that the final calculated value cannot be obtained until the recovering victim has reached the point of maximum medical improvement.

An approach that would raise strong objections from the plaintiff’s lawyer:

That would be one that seemed to treat the client/victim like a number, instead of a person. A number does not have any emotions. Yet the emotional response to pain and suffering can be used during negotiations, in an effort to force the defendant to offer a larger compensation.

In Canada, Personal Injury Lawyer in Oakville do not want their clients treated like a number. Canadian law puts a cap on the size of the award for pain and suffering. Still, courts understand that other benefits can be used to offset a necessarily small award (for pains and suffering). Of course, benefits go to people and not to numbers.

Realize that required calculations are supposed to arrive at a non-quantifiable value. Numbers should play an insignificant part in a determination of that same value. That fact helps to underscore the reason that lawyers do not like to have a client’s award based almost exclusively on a bunch of numbers.

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