If you’ve been injured in an accident in Wyoming, you may be able to recover compensation for more than just medical bills and lost wages. Pain and suffering damages are an essential part of many personal injury cases. These damages are designed to compensate victims for physical pain, emotional distress, and loss of enjoyment of life resulting from an accident.
A skilled personal injury attorney can help accident victims recover full and fair compensation. This article will help you understand how insurers and courts calculate pain and suffering damages.
What Are Pain and Suffering Damages?
Pain and suffering falls under the category of non-economic damages. This means they do not have a specific dollar amount tied to them, like medical bills or lost income. Instead, they are designed to compensate you for the intangible impacts of an injury. These damages can include compensation for:
- Physical pain caused by the accident and resulting injuries
- Emotional distress, anxiety, or depression stemming from the incident
- Diminished quality of life, hobbies, or activities you could participate in before the accident
- Scarring, disfigurement, or permanent disability
Unlike economic damages, which can be proven with bills, pay stubs, or receipts, pain and suffering damages rely on the evidence of how the accident has affected your life. These non-economic damages may be more difficult to prove, but they are very important to the overall recovery in your case.
How Pain and Suffering Damages Are Calculated in Wyoming
Calculating pain and suffering damages is not straightforward. There is no fixed formula in Wyoming. However, attorneys, insurance companies, and courts use a few common approaches.
Multiplier Method
The multiplier method is one of the most commonly used approaches. Under this method, pain and suffering damages are determined by:
- Your total economic damages (medical expenses, lost wages, and property damage) are added together.
- This total is then multiplied by a number, usually between 1.5 and 5, depending on the severity of your injuries.
For instance, if your economic damages total $20,000, and the injuries are moderate, an attorney may use a multiplier of 3. This could result in valuing pain and suffering damages at $60,000. In total, your economic and non-economic damages would result in $80,000 in compensation.
Per Diem Method
The per diem (per day) method assigns a daily dollar amount to your pain and suffering. This figure is multiplied by the number of days you are affected by your injury.
Under this method, you could be assigned a daily value between $100 and $500 per day, based on the severity of pain and emotional impact. This figure would be multiplied by the number of days you experience pain or limitations.
This approach is often used in personal injury settlements. It allows for more easily documenting and calculating the duration of one’s suffering.
How to Prove Pain and Suffering in a Wyoming Personal Injury Case
Because pain and suffering is intangible, strong evidence is crucial to support your claim. Some of the ways your attorney can help include:
- Medical Records and Expert Testimony: detailed records from physicians, surgeons, and therapists showing the extent of your injuries
- Daily Journals or Logs: document how your injury affects your everyday life, including mobility, sleep, and emotional well-being
- Photographs or Videos: visual evidence of injuries, rehabilitation exercises, or the impact on your daily activities
- Witness Statements: testimony from family, friends, or coworkers describing the changes they’ve seen in your life since the accident
- Psychological Evaluations: recorded insights from a healthcare professional
An experienced personal injury attorney can gather and organize this evidence to maximize the value of your claim. This helps to ensure that insurers and courts understand the full impact of your injuries.
The Role of a Skilled Personal Injury Attorney
Pain and suffering claims can be highly subjective. This is why having an experienced attorney on your side is critical. Your attorney can:
- Accurately assess the value of your claim
- Negotiate effectively with insurance companies who may try to minimize pain and suffering damages
- Present compelling evidence in court if your case goes to trial
- Advise you on the strategic timing of settlement or litigation based on your medical recovery and documentation
Insurance companies often undervalue pain and suffering claims. They might hope that victims will accept a lower settlement out of urgency or lack of knowledge. A skilled personal injury attorney can ensure your claim reflects both the economic and emotional impact of your injuries.
Contact Parker & McConkie Personal Injury Lawyers for a Free Consultation With a Rock Springs Personal Injury Attorney
Contact Parker & McConkie Personal Injury Lawyers today at (307) 205-7400 to schedule your free consultation with a Rock Springs personal injury attorney. Let us help you pursue the full compensation you deserve—including for your pain and suffering.
