Pain and suffering multiplier examples: There are a number of ways that a person can suffer harm from an injury, ranging from physical to emotional to mental. When someone receives emotional and/or mental harm, it can be somewhat complicated to both prove that these kinds of harm even exist, and it may well seem that determining how much compensation a person should receive for pain and suffering due to the negligence or malice of another. Pain and suffering that manifests as emotional and mental harm is complicated on top of that, just by virtue of the fact that no one person’s pain and suffering can be said to be the same as another’s. That is where a pain and suffering multiplier comes into play, a method of calculating damages that is commonly used by Texas insurance companies and law firms alike.
What are examples of a pain and suffering multiplier?
A pain and suffering multiplier is an equation done by adding up all the actual damages associated with the case; once this is done, the insurance provider or attorney multiplies the final number by anywhere between 1.5 and 5, or the multiplier. 1.5 represents the lowest level of seriousness, while 5 represents the higher end. Seriousness is determined by examining how severe the damages were; for example, if someone suffered a traumatic brain injury, this would be considered more serious on this scale than if someone broke a leg. While having a broken leg is not at all a pleasant experience, it is not something that typically results in much pain and suffering. On the other hand, a more severe break that puts you in a rehab facility for an extended period of time in order to get back to normal, this will most likely land higher on the multiplier. This is because you not only have to devote a considerable amount of time in your life to recovery, and that time is likely going to involve serious lifestyle changes but going through physical and occupational therapy to recover from the injuries can themselves be a difficult thing to go through. The severity of the injury can also involve how much risk you were put under; if you nearly died from the injury, for instance, that would understandably cause quite a bit of pain and suffering and cause trauma in the victim.
Another factor that comes into play is prolonged suffering beyond the initial damages; for example, chronic pain that developed as a result of the injury can be used to evaluate how bad a person’s pain and suffering was. There are other prolonged issues that one may face as a result of the injury, such as permanent loss of the use of one’s legs, which itself can create problems on its own. Due to your injuries, you may even lose the ability to do a lot of the things you used to do, such as sports, depending on how serious the injury was. Even the medical treatment that you underwent may be a factor in determining your pain and suffering multiplier, particularly if the medical treatment caused you harm in any way. Medical treatment can come in the form of multiple things, such as physical and occupational therapy as mentioned above, surgery, or even medicine taken that causes unfortunate side effects.
Also Read: TELEMEDICINE BILLING
Pain and suffering has certain limitations that are important for you to understand. In some areas, pain and suffering have no effective cap to how much in damages can be awarded to the victim. For example, if you were involved in a car accident due to the negligence of another driver, you can wind up recovering a considerable amount of damages in pain and suffering in the event that the injuries you sustained were severe enough. This is also going to be the case with incidents such as a defective product claim or a slip and fall accident where negligence was involved. One key exception that exists to this, however, comes in the form of medical malpractice claims. In Texas, the courts impose a cap of $250,000 on pain and suffering damages, allowing for no exceptions regardless of how severe the injury caused by medical malpractice. It is not that the medical multiplier stops at $250,000; it can itself go well beyond that number, but at the end of the day, the actual payout will be no more than $250,000.
The process of determining the severity of your injuries and, in turn, the pain and suffering multiplier, is a complicated one, and not one that most can do on their own. As such, it is important that if you are involved in an incident with pain and suffering involved that you employ the services of a Houston injury lawyer who can help go over the various details of this case. Not only will they use their expertise to help determine how severe the damages were, but they will do everything they can to help keep you in the loop as much as you want to be. Personal injury cases, especially ones where pain and suffering comes into the fray, are not easy things to deal with, and having a lawyer who is backing you up through the whole process only makes it easier for you, taking a lot of the pressure off your shoulders, especially if you are dealing with recovery while you are filing this claim. You can have a consultation done with an injury lawyer in order to determine whether they are the right fit for you situation.
One thing that a good injury lawyer will do is ensure that your personal injury case is not dragged out the best they can. The goal of a personal injury lawyer is to get you a satisfactory payout from the person or organization accused of your injury, as well as the pain and suffering. If at all possible, to do this, your lawyer will try to get a satisfactory settlement offer out of the accused, enough to help compensate you for the actual financial damages as well as the pain and suffering damages you deserve to recover.