The medical bills keep arriving. Physical therapy appointments fill your calendar. Sleep eludes you as sharp pains shoot through your back whenever you shift positions. Meanwhile, the insurance adjuster insists your pain isn't worth what you think it is.
When someone else's negligence turns your life upside down, the Rhode Island accident lawyers at Kirshenbaum & Kirshenbaum understand that your suffering extends far beyond medical expenses. Pain and suffering damages recognize the human cost of injuries—the sleepless nights, missed family events, and daily struggles that receipts can't capture.
Know what to expect from your car accident claim. Here are the pain and suffering calculation methods that insurance companies and courts use to determine your compensation.
The Multiplier Method
The multiplier method is the most common approach for calculating pain and suffering damages. This straightforward formula multiplies your economic damages (medical bills, lost wages, and other documented costs) by a number typically ranging from 1.5 to 5. Insurance companies choose the multiplier based on injury severity and recovery time.
Higher multipliers (3-5) apply when you have:
- Permanent injuries or scarring
- Extended medical treatment or surgery
- Long recovery periods (6+ months)
- Significant life disruptions
Lower multipliers (1.5-2.5) typically apply to:
- Soft tissue injuries that heal completely
- Short treatment periods
- Minimal impact on daily activities
Example
Consider Maria, a Providence teacher struck by a distracted driver. Her economic damages totaled $45,000 in medical bills and lost wages. Due to her herniated disc requiring surgery and nine months of rehabilitation, the insurance company applied a 3.5x multiplier. Her pain and suffering settlement reached $157,500.
The Per Diem Method
The per diem (per day) approach assigns a dollar amount to each day you experience pain. This approach helps juries understand suffering in relatable terms. Attorneys often use your daily earnings as a starting point for the per diem rate. If you earn $200 per day at work, they might argue your daily pain deserves similar compensation. For severe injuries, the daily rate could exceed your wages.
How It Works
- Establish a daily rate based on your income, injury severity, and impact on daily life.
- Count the days from the injury to maximum medical improvement.
- Multiply the daily rate by the total days.
Example
Rhode Island courts have seen per diem arguments succeed in various cases. A Newport restaurant owner with traumatic brain injury symptoms received $500 per day for 18 months of headaches, memory problems, and personality changes. His total pain and suffering award exceeded $270,000.
Factors That Increase Your Settlement
Several elements can substantially increase pain and suffering compensation beyond basic calculations. Understanding these factors helps you document your case effectively.
- Credibility. Insurance companies and juries award higher damages to victims who thoroughly document their injuries without exaggeration. Consistent medical treatment, honest pain reporting, and following doctor's orders demonstrate credibility. Social media posts showing activities inconsistent with claimed injuries destroy credibility and reduce awards.
- Preexisting conditions. While prior injuries don't disqualify you from pain and suffering damages, they affect calculations. The key is showing how the accident worsened your condition.
- Age. Younger victims often receive higher compensation because they face decades of potential suffering. However, elderly victims who lose independence or mobility can receive substantial awards.
- Defendant conduct. Drunk driving, texting while driving, or other reckless behavior often leads to higher pain and suffering awards. Juries tend to award more when defendants show callous disregard for safety.
- Life changes. Document how injuries prevent activities you once enjoyed.
Insurance Company Tactics to Watch For
Insurance adjusters use predictable strategies to minimize your pain and suffering payment. Recognizing these protects you from accepting less than you deserve.
- Quick settlement offers. First offers are typically 10-20% of fair value, so never accept an offer without legal review.
- Surveillance and social media. Insurance companies hire investigators to look for evidence suggesting you're more active than claimed. Always assume you're being watched and ensure your activities align with your reported limitations.
- Recorded statements. Adjusters ask leading questions designed to minimize your injuries. Never give recorded statements without legal representation.
- Medical records. Insurance companies search medical history for preexisting conditions or alternative injury causes. They argue your current pain stems from old injuries, not their client's negligence.
- Delaying claims. Slow claim processing, repeated document requests, and "missing" paperwork are intended to frustrate victims into accepting lower settlements.
Getting legal representation shows you understand the value of your case and won't accept unfair treatment. The experienced Rhode Island accident attorneys at Kirshenbaum & Kirshenbaum can protect you from these tactics.
Maximizing Your Pain and Suffering Compensation
After an accident, follow these steps to strengthen your case:
- Seek immediate medical treatment.
- Follow all doctor's orders.
- Keep a pain journal to record daily limitations.
- Save receipts for accident-related expenses.
- Document life changes with photos and written descriptions.
- Avoid social media posts about activities or your case.
- Contact an attorney before speaking with insurance companies.
The Rhode Island accident lawyers at Kirshenbaum & Kirshenbaum know how to document your case correctly to counter insurance company tactics. We understand the value of your pain and suffering and will work to get you fair compensation for your life-changing accident.