How Is Pain and Suffering Calculated in TBI Claims?

Pain and suffering in a traumatic brain injury (TBI) claim is calculated based on several factors, including the severity of the injury, impact on your daily life, and more. There is no standard formula for calculating pain and suffering damages in a personal injury claim.

When seeking compensation through a personal injury claim, our Phoenix personal injury lawyers must bring together evidence to show how your TBI has changed your life for the worse. Here are some of the factors we use to calculate pain and suffering after a traumatic brain injury.

What is Pain and Suffering?

Pain and suffering is a legal term that refers to the physical, emotional, and mental anguish experienced by an injury victim as a result of an accident or negligence. This can include:

Physical pain and discomfort
Emotional distress, such as depression, anxiety, or post-traumatic stress disorder (PTSD)
Inconvenience and disruption to daily routines

In a TBI claim, pain and suffering damages compensate you for the non-economic losses you have suffered, beyond medical expenses and lost wages. These damages can be more difficult to quantify than economic losses, as they don’t have a fixed dollar amount attached to them.

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Factors Affecting Pain and Suffering in TBI Cases

Traumatic brain injuries can range from mild concussions to severe and permanent damage to the brain. The amount of pain and suffering damages awarded in a TBI claim will depend on several factors, including:

The severity of the injury: More severe brain injuries, such as those resulting in coma, paralysis, or cognitive impairments, will generally result in higher pain and suffering awards.
Impact on daily life: The extent to which the TBI affects your ability to work, care for yourself, maintain relationships, and participate in activities you enjoyed before the injury.
Prognosis and future care needs: If you are expected to require ongoing medical treatment, rehabilitation, or assistance with daily living, this can increase the pain and suffering award.
Age of the victim: Younger victims may receive higher awards, as they will have to live with the effects of the injury for a longer period.
Pre-existing conditions: If you had preexisting mental or physical health conditions that were made worse by the TBI, this can impact how pain and suffering is calculated in a traumatic brain injury claim.

Your lawyer will gather evidence such as medical records, expert testimony, and witness statements to build a strong compensation case. Without one, you’re at the mercy of the insurance adjusters.

Methods for Calculating Pain and Suffering

There are two common methods that insurance companies and attorneys may use as a starting point for calculating pain and suffering in a traumatic brain injury claim:

Multiplier method: This method multiplies your economic damages (medical bills and lost wages) by a number between 1 and 5, depending on the severity of your injury. For example, if you had $100,000 in economic damages and a multiplier of 4 was used, your pain and suffering damages would be $400,000.
Per diem method: This assigns a daily dollar amount to the victim’s pain and suffering and multiplies it by the number of days they are expected to experience those effects. For example, if a daily rate of $200 was used and the victim was expected to experience pain and suffering for 1,000 days, their damages would be $200,000.

These are just a starting point. The final pain and suffering award will depend on negotiations between your attorney and the insurance company or a decision by a judge or jury if the case goes to trial.

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Maximizing Pain and Suffering Damages in a TBI Claim

To maximize pain and suffering damages in a TBI claim, it’s important to work with an attorney who can get you results. They can help you:

Document your injuries and symptoms thoroughly, including keeping a journal of your daily pain and limitations.
Gather evidence of the impact the TBI has had on your life, such as testimony from family, friends, and coworkers.
Consult with medical and vocational experts who can testify to the severity of your injury and its long-term effects.
Negotiate with insurance companies to ensure you receive a fair settlement that includes adequate pain and suffering compensation.
Take your case to trial if necessary to fight for the full amount of damages you deserve.

Insurance companies are motivated to minimize payouts, so they may attempt to downplay your pain and suffering or argue that your symptoms are due to preexisting conditions. An experienced TBI attorney can help you counter these tactics.

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Conclusion

Calculating pain and suffering is a complex process that depends on many factors. You now know what pain and suffering encompasses, the factors that impact TBI compensation, and how pain and suffering is calculated in a traumatic brain injury claim.

If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, don’t hesitate to contact Zanes Law and speak with a personal injury attorney who specializes in these cases.

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