The monetary value of pain and suffering in a slip and fall case primarily depends on several factors, such as the seriousness of your injuries, the impact of these injuries on your life, and the circumstances of the accident, e.g., the extent of the negligence or reckless behavior of the defendant. Generally, there are two methods to calculate the amount: the per diem method and the multiplier method.
The Salamati Law Firm has devoted the last 20 years to seriously injured victims of negligence throughout the greater Los Angeles area. We offer client-focused, results-oriented legal representation to those who have suffered due to the reckless actions of another party. We work hard to achieve fair and reasonable compensation for our clients in slip and fall accidents, including economic and non-economic damages or pain and suffering. Contact us today for a free consultation.
What Are Economic vs. Non-Economic Damages?
Economic damages are monetary losses with a direct dollar value. These damages are more straightforward to quantify through receipts and invoices, although attorneys sometimes have to make complicated projections for future costs. Examples include medical bills, transportation to healthcare appointments, and lost wages.
In contrast, non-economic damages are more subjective and do not have a direct dollar value. Attorneys must calculate a fair amount and provide evidence to justify this calculation. Examples include pain and suffering, physical pain from injuries or treatment, reduced quality of life, and insomnia.
You need an experienced slip and fall lawyer to successfully argue for pain and suffering as part of your damages award. We can help.
Factors Affecting Pain and Suffering
When reviewing claims for pain and suffering, the goal is to prove that your slip and fall accident caused you physical and mental anguish beyond economic damages. As noted above, the monetary value of these damages can include the following:
Severity of Injuries
The more severe your injuries, the greater your chances of receiving maximum compensation for pain and suffering. Severe injuries often involve extended recovery time, hospitalization, or ongoing care. They can also cause intense levels of pain. Here are some examples of injuries that tend to command a higher slip and fall settlement for pain and suffering:
- Paralysis and injuries that limit mobility
- Broken bones, especially of the legs and dominant arm or hand
- Blindness or impaired hearing
- Traumatic brain injuries
Impact on Your Life
The monetary value of pain and suffering also encompasses how much your injuries have impacted your life. For example, you have severe whiplash with chronic pain, which substantially limits your ability to work or enjoy daily activities, which may result in a higher pain and suffering calculation.
Negligence
If the defendant’s behavior was egregiously reckless or negligent, e.g., a drunk driver rear-ended you at a stop light, and you sustained a traumatic brain injury, it will also affect the value of your pain and suffering damages.
How to Demonstrate Pain and Suffering
Pain and suffering are subjective, making them difficult to prove. Injury victims may need to disclose private and even embarrassing details about their lives. For example, the court may need to know if the person could not go to the bathroom without assistance for several weeks or months, which took a toll on their mental health.
The victim might also need to disclose the psychological impact of the slip and fall accident. For example, an active person with a traumatic brain injury might grow depressed when confined to their bed for an extended period.
Here are some of the methods your attorney might use to prove this:
- Reports from medical professionals confirming the level of pain experienced and the restrictions recommended.
- Reports from psychologists if the accident has led to long-term mental health issues.
- Copies of prescriptions for medication used to regulate emotions and mental health.
- Journal entries detailing the impact of the injury on their lives.
- Testimony from family members about what they witnessed and the level of caretaking they had to do
What Methods Are Used to Calculate Pain and Suffering?
As noted above, the amount may be calculated using two methods. The multiplier method looks at the severity of your injuries, the length of your recovery, and the effect of your injuries on your quality of life. A longer recovery and more severe injuries generally result in a higher multiplier. The multiplier is usually a number between 1.5 and 5. The per diem method uses the length of your recovery time as the starting point for calculating your pain and suffering damages and assigns a dollar value for each day.
Contact Salamati Law for a Free Consultation
We are a full-service accident and injury firm focusing on all areas of personal injury and negligence. If you’ve been hurt in a slip and fall due to the negligence of another party, you can sue for economic damages, as well as the less tangible, though no less impactful, pain and suffering. This could include emotional distress, loss of companionship, and loss of quality of life.
Schedule a free consultation; there is no obligation to hire us. Since we work on a contingency basis, there are no upfront legal fees. We look forward to hearing from you.
