Typically, Connecticut courts calculate pain and suffering damages in one of two ways. They use the multiplier method or the per diem method.
No matter what method a court uses to calculate this category of personal injury damages, you can improve the likelihood of maximizing your potential compensation by working with an experienced personal injury attorney. Whether in negotiations for an insurance settlement or a trial before a jury, you will benefit from working with a lawyer with a keen understanding of both methods for calculating pain and suffering damages in Connecticut.
What Is the Multiplier Method?
Connecticut courts frequently use the multiplier method in pain and suffering calculations. The multiplier number is a subjective choice. Generally, minor injuries receive a lower factor, and more extensive injuries receive a higher number. Here’s how it works:
The court or insurance company takes your economic losses, including your medical bills and lost wages, and multiplies them by a factor. The number for multiplying is typically between 1.5 and 5, depending on the extent, nature, and severity of the injuries and their impact on a person’s life.
For example, if your medical bills, lost wages, and other losses were $10,000, and the court or insurer used a multiplier of three to represent the moderate impact of your injuries, your total pain and suffering damages would be $30,000.
What Is the Per Diem Method?
The per diem method focuses on the ongoing impact of the injury on your life. It does not focus on the injury’s overall severity. In this method, the court or the insurer assigns a daily monetary value to your pain and suffering and multiplies it by the number of days since it began. The per diem method is more effective when you can present:
- Detailed medical records
- Consistent documentation of your symptoms and recovery
- The projected recovery timeline, which will make the per diem method unreliable for more extensive injuries.
For example, if your daily pain and suffering received a value of $150, and you experienced this negative impact for 200 days, your total compensation would be $30,000.
What Factors Go Into Calculating Pain and Suffering Damages?
Pain and suffering is a distinct category of personal injury damages. It involves examining an injury’s physical and emotional toll on your life, work, relationships, and future. Several factors that the court or the insurance company considers when assessing your compensation include:
- Severity of the injury — Severe injuries, such as traumatic brain injuries, multiple broken bones, or burns, may result in higher compensation than comparatively minor injuries.
- Disruption of daily life — An injury that limits your ability to work, care for yourself, or enjoy life impacts how the court calculates pain and suffering damages in Connecticut.
- Recovery length — Long-term or permanent injuries may result in higher compensation than those with shorter recovery periods.
- Level of emotional and psychological distress — If you can link depression, anxiety, PTSD, or other mental health issues to the injury, you could recover a higher amount.
- Credibility of documentation — Consistent medical documentation, photos, doctor or therapist testimonies, and other evidence can influence the per diem method.
How Does Connecticut’s Modified Comparative Negligence Rule Affect Pain and Suffering Damages?
Connecticut follows a modified comparative negligence rule that could impact how much you receive for pain and suffering — or whether you can pursue compensation. Here’s how it works:
- A plaintiff can recover damages as long as they are not more at fault than the defendant, or multiple defendants, or not 51 percent or more at fault.
- The plaintiff’s compensation is reduced based on their degree of fault.
For example, if you were 20 percent at fault, your compensation would be reduced based on that percentage. If you received a $50,000 award, but you were 20 percent at fault, you would receive compensation of $40,000.
What Are Some Things I Can Do to Make Sure I Get a Fair Settlement for My Pain and Suffering?
No reputable law firm can promise you will receive a settlement of your personal injury lawsuit, including pain and suffering damages, or the settlement amount. However, by working with an experienced Connecticut personal injury attorney, you will increase your ability to secure full and fair compensation for your pain and suffering and other damages.
While your attorney will handle the heavy lifting, you can also take steps to improve your ability to secure the pain and suffering damages you deserve:
- Get medical attention right away and keep up with treatment.
- Keep track of doctor visits, save all medical bills, and store all correspondence with the insurance company.
- Start a pain journal and record daily how your injuries impact your life.
- Consult with a personal injury lawyer before accepting any settlement offers for your personal injury claim.
- Avoid discussing specific details about the incident or your personal injury lawsuit with others, including on social media, as you may increase your liability risk and harm your chances of a fair outcome.
- Talk to an attorney as soon as you are able. A lawyer will advise you about your options, gather evidence, and negotiate on your behalf.
Does Connecticut Have Any Caps on Pain and Suffering Damages?
Connecticut does not impose a cap on pain and suffering in most personal injury cases. You can receive full compensation for non-economic losses, which include pain and suffering. Connecticut courts invoke an informal cap on pain and suffering damages in some medical malpractice cases.
Every case is unique. The total amount you could recover depends on the details of your case, the impact of the injuries on your life, and how effectively you present this information to the court.
Get Help from a Connecticut Personal Injury Lawyer Today
Without legal experience and perspective, the multiplier and per diem methods can seem confusing. If you have questions about how much you could recover after an accident or injury caused by someone else’s negligence or wrongdoing, contact an experienced Connecticut personal injury lawyer today at Jainchill & Beckert, LLC. We can bring more than 55 years of combined legal experience and dedication to seeking the maximum compensation in your case. Contact us today and learn more in a free consultation.
