In personal injury cases, accident victims are compensated for all of their losses caused by the at-fault party. This compensation is referred to as compensatory damages.
There are two broad categories of compensatory damages: economic and non-economic. Economic damages reimburse victims for financial losses after an accident, while non-economic damages compensate victims for the negative impacts that an accident has on their quality of life. Pain and suffering is one category of non-economic damages.
We get lots of questions from clients about pain and suffering damages and how they’re calculated. To help answer these frequently asked questions, here’s an in-depth look at how pain and suffering damages work in West Virginia. To learn more or discuss your accident, contact a Charleston, West Virginia personal injury lawyer at Mani Ellis & Layne Accident & Injury Lawyers.
What Are Non-Economic Damages?
Non-economic damages are sometimes referred to as general damages. There is a presumption of non-economic damages in personal injury cases. This makes them different from economic damages, which must be well-documented and proven.
Insurance companies and defense lawyers don’t like victims to understand that non-economic damages are regularly awarded in personal injury cases. Instead, they want victims to think that they’re only awarded in extraordinary cases.
To recover non-economic damages in a personal injury case, you don’t have to show extraordinary pain and suffering, nor do you need to prove the value of your pain and suffering.
Whether your case is settled or goes to trial, you’re likely entitled to some amount of non-economic damages after your injury.
What Are Pain & Suffering Damages in West Virginia?
Pain and suffering is a broad category of non-economic damages that compensates victims for:
- Physical pain endured after an accident
- Emotional distress from the accident or injury
Some examples of emotional distress that victims frequently experience are:
- Anxiety
- Depression
- Post-traumatic stress disorder
- Sadness
- Humiliation
- Insomnia
- Grief
- Emotional impacts from chronic pain
The above are just a few examples of possible impacts a victim might be compensated for.
West Virginia Laws on Pain & Suffering Damages
Many states have passed laws limiting the amount of non-economic damages in personal injury cases. That said, West Virginia has enacted no such laws.
There are no statutory limits on pain and suffering damages in West Virginia. The one exception is medical malpractice cases, where non-economic damages are capped at $250,000. In all other personal injury cases in West Virginia, there are no statutory limits on the amount of pain and suffering damages that victims can recover.
How to Calculate Pain & Suffering Damages
When determining the amount of compensatory damages, the goal is to make the injured party whole after an accident. Another way to say this is that you want to put the injured party in the same position they were in before the accident.
Using this theory, calculating economic damages is relatively straightforward. Victims document all financial losses, and those numbers are used to calculate economic damages.
When calculating pain and suffering damages, the goal is to put the victim in the same position they were in before the accident. To accomplish this goal, victims are compensated for their pain and suffering, but determining the amount of pain and suffering can be tricky.
Two primary methods are used to calculate pain and suffering damages: the multiplier method and the per diem method.
The Multiplier Method
The multiplier method uses the amount of economic damages to calculate non-economic damages. In these cases, a number between one and five is selected as the multiplier. The more severe the injuries or amount of suffering, the higher the multiplier will be.
The amount of economic damages is then multiplied by that number to calculate pain and suffering damages. For example, if economic damages are $50,000 and the jury or parties agree to use a multiplier of three, the value of pain and suffering damages would be $150,000.
The Per Diem Method
Another way of calculating non-economic damages is to apply a daily value to a victim’s pain and suffering. That number is then multiplied by the number of days the victim spends recovering. If the victim has not fully recovered, that number is multiplied by the number of days a victim is expected to spend recovering.
For example, if the daily pain and suffering value is $100 and it takes 200 days to recover, the amount of pain and suffering damages will be $20,000.
How a Personal Injury Lawyer Will Help With Pain & Suffering Damages
The method used to calculate pain and suffering damages can significantly impact the amount of damages awarded. Some insurance companies even have proprietary methods for calculating settlement values. They use software that analyzes all aspects of a case and determines a target settlement value. These systems use proprietary information that only insurance companies can access.
An experienced personal injury lawyer is used to the tactics insurance companies use to minimize claims. A personal injury attorney will work hard to calculate the value of your pain and suffering accurately. Your lawyer will come up with a value for pain and suffering that takes into account:
- The severity of your injuries
- Whether or not you have long-term disabilities
- Your current and future medical needs
- The impact your injuries have on your ability to work
- How much your injuries impact your enjoyment of life
- Limits on all applicable insurance policies
- Whether or not fault was shared
At Mani Ellis & Layne Accident & Injury Lawyers, our team is experienced in calculating pain and suffering damages. Before entering into negotiations or going to court, we’ll have an estimated value of your pain and suffering damages. Regardless of the method used, we’ll fight hard to ensure you’re fairly compensated for pain and suffering damages.
Contact a Charleston Personal Injury Lawyer
Accidents can be life-changing events. If you’ve suffered losses because of a Charleston accident, the team at Mani Ellis & Layne Accident & Injury Lawyers can help. Call us today to schedule a free consultation at (614) 587 8423.
We’ll evaluate your case, discuss your rights, help calculate all damages you’re entitled to, and ensure you’re fairly compensated for all of your losses.
