How are Pain and Suffering Damages Calculated in Illinois? Part II
Understanding the multiplier and per diem methods can help you better understand how pain and suffering damages may be evaluated in an Illinois personal injury case.
In Part I of our two-part series on calculating pain and suffering damages in an Illinois personal injury case, we began discussing what pain and suffering damages are and some of the factors that may be considered when determining an appropriate settlement or damages award.
Those factors, however, are only part of the overall discussion. In some cases, parties may use different methods to help estimate pain and suffering damages. Two commonly discussed approaches are the multiplier method and the per diem method. These methods can provide a general framework for evaluating non-economic damages, although the value of any particular personal injury claim depends heavily on its specific facts and circumstances.
This article provides general information about these two methods and includes examples to help explain how they may work. However, this information is not a substitute for formal legal advice. Every personal injury case involves unique facts that may significantly affect the outcome. To discuss your own circumstances, contact an experienced personal injury attorney with Patel Law, PC.
Quick Answer: How Is Pain and Suffering Sometimes Calculated?
Pain and suffering damages do not have one universal formula. Two methods that are sometimes discussed when estimating these damages are the multiplier method, which applies a number to certain economic damages, and the per diem method, which assigns a value to each day an injury affects a person’s life.
What Is the Multiplier Method?
When discussing pain and suffering damages, the multiplier method is one approach sometimes used to estimate an amount of compensation for the physical and emotional effects of a personal injury.
Pain and suffering damages are different from economic damages such as medical bills or lost wages. However, certain economic losses may be used as part of a calculation intended to estimate non-economic damages.
Under the multiplier approach, a number is assigned to the circumstances of a case. That number is then multiplied by a relevant amount of economic damages to arrive at an estimated amount for pain and suffering.
The Basic Multiplier Formula
Economic Damages × Multiplier = Estimated Pain and Suffering Damages
The multiplier is often described as a number that may fall within a range such as 1 to 5, although there is no automatic or universally required multiplier for every case. Generally, more serious injuries and more substantial effects on a person’s life may support arguments for a higher multiplier than relatively minor injuries.
For example, a catastrophic injury involving permanent limitations may be evaluated differently from an injury that heals completely with relatively limited long-term consequences.
How the Multiplier Method Works
The following visual timeline illustrates the general steps often discussed when applying a multiplier-based estimate for pain and suffering damages.
Identify Economic Damages
Evaluate Injury Severity
Consider an Appropriate Multiplier
Calculate an Estimated Amount
Example of a Pain and Suffering Award Using the Multiplier Method
Consider an example involving a pedestrian injured in a motor vehicle accident. Assume that the injured person’s medical expenses total $5,000.
If a multiplier of 2 were used for purposes of estimating pain and suffering damages, the calculation would look like this:
In this example, multiplying $5,000 by 2 results in an estimated pain and suffering amount of $10,000.
Important Note About Damage Calculations
This example is intended only to demonstrate how a mathematical estimate may be structured. Pain and suffering damages are not automatically determined by multiplying medical bills by a fixed number, and the value of an individual claim can depend on many different facts.
How Is a Multiplier Determined?
As discussed in Part I of this series, determining an appropriate multiplier may involve evaluating the overall severity of an injury and the effect that injury has had on the injured person’s daily life.
Factors that may be relevant to evaluating the impact of an injury can include the severity of the physical injury, the amount and type of medical treatment required, the duration of recovery, whether symptoms continue over time, and the extent to which the injury affects work, family responsibilities, recreation, and other daily activities.
Why the Facts of Each Case Matter
Two people with similar medical diagnoses may experience very different consequences. The way an injury affects a person’s employment, mobility, independence, daily activities, and long-term health may all influence how damages are evaluated.
What Is the Per Diem Method?
The term per diem is Latin for “per day.”
Under a per diem approach, a specific dollar amount is assigned to each day that an injured person experiences the effects of an injury. The total estimated pain and suffering amount is then based on the selected daily value and the number of days during which the injury affected the person.
Basic Per Diem Formula
Daily Value × Number of Days Affected = Estimated Pain and Suffering Amount
For example, a party might argue that a certain amount should be assigned to each day that an injury caused pain, limitations, or other effects. The number of affected days would then be multiplied by that proposed daily amount.
Determining an appropriate daily value and the appropriate length of time can be difficult. These issues may become subjects of disagreement between injured parties, defendants, and insurance companies.
Multiplier Method vs. Per Diem Method
| Method | General Approach | Primary Calculation |
|---|---|---|
| Multiplier Method | Uses a number intended to reflect the seriousness and impact of an injury. | Economic damages × multiplier |
| Per Diem Method | Assigns a proposed value to each day an injury affects the injured person. | Daily value × number of affected days |
Why Legal Guidance Can Be Important When Evaluating Pain and Suffering
A pain and suffering calculator alone cannot provide the detailed analysis necessary to fully evaluate an individual personal injury case. The value of a claim can depend on the nature of the injuries, the available evidence, the effect those injuries have had on the person’s life, and many other circumstances.
Insurance companies and defendants may also dispute both the extent of an injury and the value of non-economic damages. An experienced personal injury attorney can help evaluate the available information, explain how damages may be considered, and advocate for your interests throughout the claims or litigation process.
Documenting the Effects of an Injury
Medical records can be important, but the full impact of an injury may involve more than medical expenses alone. Documentation concerning limitations, treatment, missed work, and changes to daily activities may also be relevant when evaluating a personal injury claim.
Contact Patel Law, PC
Understanding general calculation methods can be helpful, but no online formula can replace a careful review of your individual circumstances. An experienced personal injury attorney can discuss your injuries, the impact they have had on your life, and the legal options that may be available to you.
Contact an experienced Champaign personal injury attorney at Patel Law, PC to begin discussing your case with our team.
Frequently Asked Questions About Pain and Suffering Damages
What is the multiplier method for pain and suffering?
The multiplier method is an approach sometimes discussed for estimating pain and suffering damages. It generally involves multiplying certain economic damages by a number intended to reflect the severity and impact of an injury.
Is there a standard multiplier for every personal injury case?
No. The circumstances of each injury and claim are different. There is no single multiplier that automatically applies to every personal injury case.
What does per diem mean in a pain and suffering calculation?
Per diem means “per day.” A per diem approach assigns a proposed dollar value to each day an injured person experiences the effects of an injury and uses that daily amount as part of an estimated damages calculation.
Are pain and suffering damages the same as medical expenses?
No. Medical expenses are generally considered economic damages. Pain and suffering damages generally address non-economic effects of an injury, such as physical pain and other impacts on a person’s life.
Should I speak with an attorney about pain and suffering damages?
Speaking with an experienced personal injury attorney may help you better understand how the facts of your case, your injuries, and the available evidence may affect the damages you seek.
Questions About Pain and Suffering Damages?
Understanding the possible methods used to discuss pain and suffering damages can be helpful, but every personal injury case requires an evaluation of its own unique facts.
The legal team at Patel Law, PC can discuss the circumstances of your accident, your injuries, and the options that may be available to you.
Call Patel Law, PC
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Sources
Vice – Grandmother Awarded $7.25 Million After Serious Injury
