Emotional pain and suffering is an intangible concept that can be difficult to quantify. However, in the legal system, attorneys and judges must come up with a way to calculate the amount of damages due to emotional distress. This is especially important in personal injury cases, where the plaintiff has experienced physical and emotional trauma due to the negligence of another party.
The most common way to calculate emotional pain and suffering is the multiplier method. This method takes into account all the tangible or economic damages that have been incurred by the plaintiff, such as medical costs and lost wages. These damages are then multiplied by a given number, usually between 1.5 and 5, depending on the severity of the injury and the amount of emotional distress suffered. The higher the multiplier, the higher the settlement amount.
In addition to the multiplier method, there are other ways to calculate emotional pain and suffering. For example, the court may consider the plaintiff’s age, health, and the duration of the injury when determining the amount of damages. The court may also consider the plaintiff’s pre-injury lifestyle and any psychological or emotional trauma that was caused by the injury.
When determining the amount of damages due to emotional pain and suffering, the court will also consider the defendant’s conduct. If the defendant acted with malicious intent or was grossly negligent, the court may award a higher settlement amount. On the other hand, if the defendant was not negligent and the injury was an accident, the court may award a lower settlement amount.
Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what’s called a �multiplier method.� It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 and 5. This number is determined by the severity of the injury and the amount of emotional distress suffered.
Calculating emotional pain and suffering is a complex process, and it is important to have an experienced attorney to ensure that you receive the compensation you deserve. An attorney can help you understand the legal process and ensure that your rights are protected.