How much money you will—or can—get for pain and suffering remains to be seen. It’s not possible to give a confident projection of your financial recovery without knowing the details of your pain and suffering. However, if you speak with an experienced Bakersfield TBI accident lawyer, they can provide a more productive answer.
Attorneys consider several factors when valuing the cost of a client’s pain and suffering, from the specific symptoms you experience to the severity of those symptoms and the time for which those symptoms persist. If you have a brain injury, you probably deserve compensation for other damages, too. Allow a TBI lawyer to fight for the compensation you deserve.
Methods Attorneys Use to Calculate Pain and Suffering After a Traumatic Brain Injury
If a lawyer is going to answer the question “How much will I get for pain and suffering,” they must have a reliable framework for calculating the value of pain and suffering. TBI attorneys use two primary methods to calculate pain and suffering, which are:
The Per-Diem Method
Per diem means “by the day.” When a lawyer calculates the value of pain and suffering using the per-diem method, they:
- Assign a daily financial value to the client’s pain and suffering, with that value depending on the specific details of the client’s pain and suffering (including the number and severity of their symptoms)
- Determine the period of time for which the client will have to live with their pain and suffering
- Multiply the daily value of the client’s pain and suffering by the total number of days they will experience the pain and suffering
This method generally requires more math than the next method we will detail, but it can be the most appropriate mode of calculating pain and suffering in certain cases.
The Multiplier Method
Before explaining this method, it helps for you to know that pain and suffering is considered a non-economic damage. This means that pain and suffering does not have an obvious (or even necessarily objective) financial cost—different parties could arrive at different values for pain and suffering, even working from the same set of facts.
When a TBI accident lawyer uses the multiplier method to calculate a client’s pain and suffering, they:
- Calculate the total cost of all the client’s economic damages—these are damages with an objective financial value, such as healthcare expenses, lost income, and the cost of medical equipment
- Multiply the value of your economic damages by a certain figure (with 1.5 being a fairly common figure) to determine the value of your pain and suffering
Your lawyer might increase the multiplier if your pain and suffering are particularly severe. If your pain and suffering is relatively mild compared to others, they might use a slightly lower multiplier.
You may ask your attorney (or a prospective attorney) which method they use and why they choose to use that method. An attorney may have a preference for one of the two methods, or they may choose a calculation method based on the unique details of each case they handle.
Whichever method your attorney uses, an experienced lawyer will ensure their calculation of pain and suffering accurately reflects your reality.
Why Personal Injury Lawyers Are Qualified to Determine the Cost of Your Pain and Suffering
There are many reasons why you may hire a brain injury attorney. Their ability to calculate your pain and suffering accurately is an important reason, as an experienced attorney:
- Will understand both the per-diem and multiplier calculation methods
- Can determine which method is most appropriate to use in your case
- Should have an extensive history of seeking compensation for others’ pain and suffering, which can be helpful in several ways—including helping them determine which multiplier to use, should they choose the multiplier calculation method
- Will have safeguards to ensure their calculation of your pain and suffering is accurate
Attorneys who regularly represent clients with brain injuries understand the many symptoms a TBI can cause. This should help your lawyer identify the symptoms that qualify as pain and suffering, document those symptoms, and determine the cost of the symptoms.
The Symptoms of Brain Injuries Can Cause Severe Pain and Suffering
The term “traumatic brain injury” can refer to many specific ailments, from an object penetrating the brain to a concussion, brain bleeds, and many other (generally serious) health issues. Each of these conditions has a common thread—they affect a delicate and immensely important organ, the brain.
Even a mild brain injury can cause debilitating and long-lasting symptoms. Severe brain injuries are worth exploring, though, because they cause severe symptoms that may include:
- Disrupted vision
- Headaches
- Light and noise sensitivity
- Concentration issues and other cognitive problems
- Memory issues
- Mood and personality changes
- Anxiety
- General sadness
- Sleep disturbances
It’s fairly plain to see how these and other TBI-related symptoms can cause or worsen pain and suffering. If someone has anxiety because of a brain injury, for example, this is going to cause pain and suffering.
Recovering from a brain injury can be difficult, and some injuries cause permanent forms of pain and suffering. Your attorney will consider all of your TBI-related symptoms, the details of your recovery, and other relevant factors as they calculate the cost of your pain and suffering.
What, Exactly, Does Pain and Suffering Mean?
When someone refers to “pain and suffering” in the context of an insurance claim, lawsuit, or brain injury, they may be referring to:
- Physical pain (such as headaches)
- Depression, anxiety, and other diagnosable conditions
- Changes in mood and personality
- Lost sleep
- Lost quality of life
- Scarring and disfigurement
- Substance abuse issues that arise or become worse due to a brain injury
- Any other non-economic condition that worsens one’s quality of life and can be tied to the TBI
Pain and suffering is a way for our civil justice system to refer to a wide range of hardships in a simple way. Your TBI attorney will account for all physical pain, cognitive problems, and other non-economic challenges under the umbrella of “pain and suffering.”
If You Want Financial Justice for Your Brain Injury, Consider Hiring an Attorney (Here’s Why)
As a general rule, those dealing with a brain injury should limit their obligations, not take on more responsibility. In many cases, rest is a critical portion of a recovery plan, and that often includes refraining from stress and strenuous cognitive activity. This alone can be why you hire a lawyer—but it’s far from the only possible reason.
Some other reasons to consider hiring a brain injury lawyer are:
Brain Injuries Can Limit the Victim in Many Ways (Making It More Difficult for You to Handle Your Case)
A brain injury may cause temporary or permanent symptoms that make it more difficult to think, remember, or function at a high cognitive level. This can make it immensely difficult to make a strong case for compensation without a lawyer’s help.
Brain Injury Attorneys Offer Their Services at No Out-of-Pocket Cost
A lawyer’s client-friendly fee agreement makes accessing legal representation easier for those with brain injuries. The majority of TBI attorneys use contingency fees, which means:
- The client pays the law firm nothing upfront
- The law firm covers all case-related costs
- The lawyer and their staff provide their services without receiving any direct payment from the client
- The lawyer only receives a fee if the client ultimately receives compensation
If you need a brain injury lawyer, your financial circumstances will not stand in the way.
Lawyers Offer Resources That Brain Injury Victims Find Value In
In addition to your lawyer’s time and effort, many firms that lead brain injury cases also provide:
- Intake coordinators who will oversee your onboarding (and make you feel more comfortable with your new attorney and firm)
- Paralegals who often play a critical role in drafting legal documents, managing case details, and ensuring the efficient resolution of claims and lawsuits
- Experts, who the law firm may hire to evaluate your TBI, testify about your health conditions, help calculate the cost of damages, and contribute in other ways
When you “hire a brain injury lawyer,” you will likely get a team of competent professionals to fight for you.
An Attorney’s Wisdom, Experience and Honesty Can Be Priceless
There is comfort in value in having someone to advise and mentor you in a trustworthy manner. Those who suffer brain injuries are often seeking reliable advice and counsel, and that’s precisely what an attorney can provide.
How a Traumatic Brain Injury Lawyer Will Serve You
Each lawyer handles cases in their own unique way. As you look for a brain injury lawyer, feel free to ask how the firm’s lawyers handle cases like yours during the free consultation.
Without getting into lawyers’ specific approaches, know that brain injury attorneys typically:
Establish Liability for the Brain Injury
Your lawyer will first figure out who caused the injury. This can be a motorist who struck your vehicle, a property owner who exposed you to a slipping hazard, or countless others—your attorney will weigh the evidence and other information to establish at-fault parties.
After identifying the at-fault parties, your lawyer can determine who is liable for your damages. This can include the at-fault party, their insurance party, and other parties.
Document the Effects of the Brain Injury on the Victim
Each brain injury has a unique effect on the victim. Your attorney will use any available and relevant documentation to prove the cost of your TBI. Their documentation may include:
- CT scans and any other medical images showing the injury
- Medical providers’ written diagnoses and descriptions of your TBI and related symptoms
- Medical bills
- Expert testimony about your pain and suffering
- Bills for mental health services
- Any available proof of professional harm, such as bank statements and employment records
Attorneys frequently use their client’s own words to explain the cost of the at-fault party’s negligence.
Calculate the Cost of Pain and Suffering and Other Damages
Your attorney will assign a financial value to each of your damages. They may use the multiplier or per-diem method to calculate pain and suffering. For economic damages, they may merely total the cost of medical bills, lost income, and other financial losses.
Pursue a Settlement
Most brain injury lawyers explore the possibility of securing a fair settlement for their clients. If liable parties are willing to offer a fair settlement, it may be the ideal (and most efficient) outcome to your case.
Move Forward with Any Necessary Legal Proceedings (Which Can Include a Lawsuit, Trial, or Both)
Time will tell whether your lawyer can secure a fair settlement for you. If any barrier stands between you and a fair settlement, your attorney may have the option of suing on your behalf.
If you’re eligible to sue and decide to do so, a trial can become your option. Trust your attorney to give you a primer on what going to trial means and whether taking your case to court is the right decision.
Your Attorney Will Also Protect You from Any Attempts to Thwart Your Case
Bad-faith tactics are one of the most common hurdles attorneys must clear when seeking compensation for a client with a TBI. Insurance companies and other liable parties can make your road to financial recovery more difficult by:
- Denying your insurance claim
- Tempting you with a lowball settlement offer
- Delaying the claims process
- Refuting your account of how you suffered the TBI
- Engaging in various (and questionable) negotiation tactics
- Attempting to confuse, mislead, or deceive you for their financial gain
Brain injuries are draining enough. Allow a lawyer to deal with these kinds of bad-faith tactics and the many other challenges your case may entail.
Hire Your TBI Attorney as Soon as You Can
Mickey Fine, TBI accident Attorney
A brain injury attorney will demand fair compensation for the following:
- Pain and suffering
- Medical expenses
- Lost income
- All other economic and non-economic harm resulting from your brain injury
Someone has caused you to suffer your TBI and the harm the injury has caused. Please don’t wait to hire a traumatic brain injury lawyer so they can demand accountability for your damages.