When another party negligently or intentionally causes someone to be injured, Utah personal injury laws can hold that party financially liable for damages. The damages in a personal injury case include economic damages for financial losses. However, damages also include the pain and suffering the victim experienced. These damages are included in non-economic damages.
What Is Included in Pain and Suffering Damages in Utah?
Non-economic damages or “pain and suffering” include several categories of intangible losses and harm. Examples of pain and suffering damages include:
Emotional Suffering and Mental Anguish
Being involved in an accident or other incident causing injuries is a traumatic event. The injuries, medical treatments, and recovery can be stressful.
A victim may develop one or more psychological conditions because of their experience, including PTSD (post-traumatic stress disorder), depression, and anxiety. These conditions can result in physical conditions, including high blood pressure, eating disorders, and insomnia. A person may experience night terrors, paranoia, and flashbacks.
The distress and anguish the victim experiences may prevent them from functioning in daily life, including going to work or caring for their family. They may require extensive counseling and therapy.
Physical Pain
Even minor injuries can result in severe pain. The medical treatments required can also cause pain and suffering. Pain from injuries can prevent a person from sleeping. It can interfere with work, social functioning, and personal relationships. The victim’s quality of life may decrease as the pain restricts the activities they can enjoy.
Disfigurement and Scarring
An accident can result in loss of limbs and amputations. Injuries and surgeries could cause significant scarring and disfigurement. These injuries can result in overwhelming grief, physical conditions, and psychological effects. A victim may become chronically depressed because they are embarrassed about their appearance or what they cannot do because of the condition.
Impairments and Disabilities
Disabilities and impairments caused by an accident or injury can have significant physical and mental consequences. Traumatic injuries that can cause life-altering disabilities and impairments include spinal cord injury, traumatic brain injury, internal organ damage, loss of limbs, and broken bones.
A disability or impairment can prevent a victim from returning to work. They may be unable to perform household chores or care for their kids. The condition may prevent them from engaging in recreational and social activities and hobbies.
Loss of Quality of Life and Enjoyment of Life
Injuries can significantly reduce quality of life and enjoyment of life. The loss may be temporary while the person heals from their injuries. However, an impairment or disability could diminish a victim’s quality of life forever.
The reduction in quality of life depends on many factors, including the type of impairment and the severity of the disability. It also depends on the person’s quality of life before their injuries.
How to Calculate the Value of Pain and Suffering Damages in a Utah Personal Injury Case?
Placing a value on someone’s pain and suffering is impossible. No amount of money can make the pain and suffering go away. However, the only remedy the courts can offer a victim for pain and suffering is a monetary award. Therefore, we must place a value on non-economic damages.
Utah jury instructions explain there is no one method or statutory formula for calculating pain and suffering damages. Instead, the jury analyzes factors relevant to the person’s case to determine how much their non-economic damages are worth.
Factors used to calculate pain and suffering damages include, but are not limited to:
- The type and severity of the injuries sustained by the victim
- The medical treatment and procedures required for their injuries
- The length of time required to recover from the injuries
- Whether the person is able to return to work or their ordinary activities
- The type and severity of impairments and disabilities
- The person’s appearance before and after their accident (i.e., scarring and disfigurement)
- The extent to which the person’s injuries affect personal relationships and social interactions
- The person’s age, health, education, skills, and career
- The opinions and testimony of medical specialists and other expert witnesses
- Medical records and documentation of injuries and treatments
- Whether you are partially to blame for causing your injuries
- The level of mental trauma and emotional distress the person experiences
The jurors determine the extent of the victim’s suffering to place a value on pain and suffering damages. They often use one of two methods to calculate how much the claim is worth.
Per Diem vs. Multiplier Method for Calculating Pain and Suffering Damages
Jury members may use whatever method they determine best for calculating pain and suffering damages. However, two common methods used are:
Assigning a Per Diem
The jurors calculate a daily value for pain and suffering damages based on their analysis of the factors of the case. The per diem is multiplied by how many days the victim took to recover from their injuries. Generally, recovery begins on the injury date and ends when the doctor releases them from treatment or states they have reached maximum medical improvement.
Using a per diem is not as helpful in cases involving permanent impairments and disabilities. The person will continue suffering for the rest of their life instead of a specific period.
Assigning a Multiplier
The multiplier method is similar to the per diem. However, the jurors assign a number between 1.5 and five instead of a daily value to represent pain and suffering. Jurors base the multiplier on the factors of the case. The more suffering the person experienced, the higher the multiplier.
The multiplier is multiplied by the victim’s economic damages. The result is the value of pain and suffering damages.
How Can a Personal Injury Lawyer Help With a Pain and Suffering Claim?
Valuing pain and suffering damages is among the most complicated aspects of a personal injury case. An experienced personal injury lawyer understands what can be included in non-economic damages. They also understand how to use the factors to maximize the value of damages.
Before accepting a settlement offer for a personal injury claim, it is wise to seek legal advice. Insurance companies often undervalue and minimize pain and suffering damages. Therefore, your claim could be worth more than the offer.
Signing a settlement agreement will likely give up your right to file a lawsuit or pursue a claim. It is in your best interest to allow an attorney to review the settlement offer to ensure it is fair based on the factors in your case.
Learn More About Pain and Suffering Damages During a Free Consultation
You deserve to be compensated for all damages, including the suffering a negligent party caused you to suffer. Call Parker & McConkie Personal Injury Lawyers to schedule a free consultation with our Utah personal injury lawyers. We fight for the rights of injured victims and their families.
Contact the Utah Personal Injury Lawyers at Parker & McConkie Today
For more information, please contact an experienced personal injury lawyer at Parker & McConkie Personal Injury Lawyers to schedule a free initial consultation today. We have 5 convenient locations in Utah, including Midvale, Salt Lake City, Ogden & Provo, UT. Clients can also visit our offices in Idaho Falls, ID & Rock Springs, WY.
We proudly serve Weber County, Utah County, Salt Lake County in Utah, Bonneville County in Idaho, Sweetwater County in Wyoming , and its surrounding areas:
Parker & McConkie Personal Injury Lawyers – Salt Lake City Office
466 S. 500 E., Suite 100,
Salt Lake City, UT 84102
(801) 851-1202
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Midvale Office
7090 Union Park Ave, #160,
Midvale, UT 84047
(801) 845-0440
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Ogden Office
2510 S Washington Blvd, Suite 160,
Ogden, UT 84401
(385) 402-8187
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Provo Office
37 E Center St, Suite 300,
Provo, UT 84606
(801) 876-4107
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Rock Springs Office
531 N Front St,
Rock Springs, WY 82901
(307) 205-7400
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Idaho Falls Office
2235 East 25th St. Suite #280,
Idaho Falls, ID 83404
(208) 418-0633
Hours: 24/7
