These types of losses are difficult to express in dollars and cents; nevertheless, they are very real.
Attorney Albritton with Irons & Irons P.A. helps clients fully understand how much their injuries are worth. This means we add up special damages but also analyze how much they can receive in pain and suffering.
Special damages are those which compensate you for expenses you’ve already paid and costs you may face in the future. For example, special damages can include compensation for medical expenses, future medical expenses, lost wages, and property damage.
Special damages are usually easier to calculate than pain and suffering because there are tangible costs associated with them.
Conversely, pain and suffering damages (also called general damages) are difficult to calculate. These damages should cover you for the intangible harm you’ve experienced. Intangible harm could include mental distress, the emotional trauma of a physical disability, or a loss of enjoyment of life.
In North Carolina, several factors may impact the assessment of general damages. An NC pain and suffering settlement could be based on any or all of the following
All NC pain and suffering settlements will generally consider the severity of your injuries. You will likely be awarded more general damages the more severe your injury is.
If your life has significantly changed because of your injury, you’ll be entitled to greater pain and suffering damages. For example, if you have a permanent injury that will affect your mobility, you may receive higher general damages.
All serious accidents cause stress and anxiety, and you may be experiencing even more significant mental health issues because of your injuries. Your pain and suffering award should factor this in.
Although these factors can help guide an average pain and suffering settlement, the specific amount is calculated under one of two methods.
Below, we’ll take a look at different methods of calculating the amount of these general damages.
This is probably the easiest method to understand. You add up your economic losses—medical bills, lost wages, etc.—and multiply by a certain number, usually 1 to 5.
Using this type of pain and suffering calculator in North Carolina involves analyzing how much pain and inconvenience your injuries have caused.
Generally, if you suffered life-changing injuries like spinal cord damage or an amputation, you will use 5 as your multiplier. If you suffered temporary soft-tissue injuries, like a strain or sprain, you multiply by 1 or 2.
One exception is for visible disfigurement like a scar on your face. Although it might heal in a week, it can cause intense emotional distress, so you would use a higher multiplier generally.
Although this method seems straightforward, it is not an exact science. The multiplier will depend on the factors discussed above, but there are no average pain and suffering settlements, as each case is highly individual and specific.
This method asks a jury to award a victim a certain amount for each day that he or she has suffered pain or other inconvenience stemming from the accident.
The amount must be based on something, and many attorneys will use the amount you make each day. So if you get paid $200 a day, a lawyer might ask for $200 that you still feel pain from the accident.
Here is an example:
You break a bone and suffer other soft-tissue injuries, leaving you in pain for around 2 months, or 60 days.
Your lawyer recommends you get $200 a day, which translates into $12,000 in pain and suffering damages. North Carolina law explicitly allows a victim to argue that a jury should use the per diem method in court.
Many people do not receive the full amount of pain and suffering that they deserve because they do not fully document their suffering. Jurors tend to be skeptical about pain and suffering because they can’t see it. They can see an arm in a cast, but they tend to assume victims are exaggerating how much pain they are in.
There are steps you can take to help your case:
Pain and suffering can make up a large portion of any settlement. We have seen too many people leave money on the table, so let us help you build your case the correct way. Contact Attorney Albritton of Irons & Irons P.A. today for a free consultation.