One of the factors your auto accident attorney will consider when preparing
your case is the total sum of your losses. Some of these losses are straightforward.
Accident attorneys can use medical bills and car repair bills as evidence
of accrued financial losses, for instance. But you may be entitled to
additional compensation for your pain and suffering. There are a few methods your
auto accident attorney can use to calculate an estimate of your pain and suffering damages.
Multiplying Actual Damages
Accident attorneys often use the multiplier method. This involves adding
up the total of your actual damages, which are losses such as medical
bills, lost wages, and property damage. Then, this total amount is multiplied
by a certain number, typically three. If the car accident was minor, the
multiplier may be reduced to two. If you suffered catastrophic injuries,
the multiplier may be increased to four or five. Other circumstances might
also affect the multiplier. For instance, it may be increased if the at-fault
driver was intoxicated or committed especially egregious acts. Or, it
may be decreased
if you were partially at fault.
Applying a Daily Rate
The other primary method of calculating pain and suffering damages is the
daily rate method. For example, you may have required surgery after the
crash and it may have taken you two months to recover and return to work.
Using the daily rate method, your auto accident attorney can assign a
per diem rate and multiply this by the number of days you spent recovering.
Since the per diem rate may need to be defended, lawyers typically choose
a rate based on some aspect of the case, such as your average daily wages.
Some attorneys may use both of these methods to develop two probable figures
for your pain and suffering damages. Then, they might adjust these numbers
based on other factors, such as the severity and permanence of your injuries.
When you become a client of the
Auto Accident Law Firm of Kevin Paul Childers, we’ll handle the work for you and let you focus on your recovery.
Our accident injury lawyer located near Herndon, VA, brings years of experience
and in-depth knowledge to every case. Call us at (703) 330-6300 and let
us know how we can help you.