How Are Damages for Pain and Suffering Calculated in Utah?

How Are Damages for Pain and Suffering Calculated in Utah?

Have you been injured by the negligence of a third party in Utah and are not sure how non-economic damages are calculated in monetary terms? This article aims to clear out all the misunderstandings related to the recovery of damages and educate how adequate compensation is calculated.

It is an established principle that negligent behaviour or acts of the party at fault puts an onus upon them to pay all the affected parties damages, whether it is a car accident, slip and fall, work injury, or any other personal injury.

Furthermore, personal injury cases can involve physical injuries, mental trauma, loss of wages, and disruption in the enjoyment of life. It is important to understand how damages are calculated in monetary terms. If you are unsure about the adequate compensation you or your loved ones deserve, consult The Representatives, one of the finest Personal Injury Law firm in Utah. Click here to book a free consultation or call at (801) 601-1500.

Physical Injuries
Injuries suffered differ according to the case facts, some injuries last for weeks, some for a year, and some even cause permanent disability. Physical injuries that are common in personal injury claims are;

• Back pain
• Neck pain
• Broken bones
• Brain damage
• Organ damage
• Nerve damage

Mental Anguish

Mental anguish (also referred to as emotional distress) is when due to a negligent action, the victim suffers long term or short term mental harm. Emotional distress in sudden accidents is common; here are some of the most common mental harms suffered by the victims filing a personal injury claim;

• Post Traumatic Stress Disorder ( PTSD)
• Insomnia
• Loss of quality of life
• Cognitive changes

If you want to get adequately compensated for all the injuries you’ve suffered in an accident, book a free consultation or call at (801) 601-1500 if you are based in Utah.

The Representative will make sure you get fair compensation for any physical injuries, mental anguish, or both.

Economic Loss
It is easy to calculate medical bills, the cost of medicines, and property damage. However, the question posed is, how do one calculate pain and suffering in monetary terms?

Prove Your Pain and Suffering
The first step is to gather evidence that would aid and strengthen your claim; this could include

• A personal injury doctor that could verify any injuries you might have suffered, that is particularly more important when your claim
  includes compensation for any emotional distress due to the accident.
• Doctor and mental health professionals’ notes and prescriptions.
• A Personal diary/journal that documented the pain and suffering you went through.

Steps and Procedure For Your Personal Injury Claim

• Party at Fault and Their Insurance Company
  If you or your loved one is planning to file a personal injury case in Utah, it is necessary to understand that the claim will be filed against the faulty party, and eventually, compensation negotiations will take place between you and their insurance company.
  The general approach taken by the insurance company is negotiate to the lowest possible offer. An experienced personal injury attorney based in Utah can act as a third party and negotiate the maximum compensation value for your claim.
  

• Litigation
  Taking the faulty party to the Courts should be a remedy of the last resort and should be relied upon when a settlement cannot be reached outside of a courtroom.
  
  Why should it be a remedy of the last resort? If you plan on taking your case to the courts, the case will extend a year or two and would cost you a lot of money to hire an experienced attorney to effectively defend or make your case in Court.
  
• Disposition
  You will most likely take a deposition if your case is in court. In a deposition, you testify while being sworn in front of a court reporter who records your answers to questions posed by the defence lawyer.
  
  The defence lawyer will interrogate you about your pain and suffering during a deposition. The trial judge will consider the responses to decide whether you are entitled to the pain and suffering damages you are requesting.
  
  Your attorney might ask you to describe how this accident has changed your life as they get ready for your deposition. To help your lawyer effectively represent you, be prepared to provide concrete examples.
  

Types of Methods Used to Calculate Damages

• The Multiplier Method
  The attorney and the insurance representative generally reach a conclusion on a fixed multiplier (1 – 1.5) of the actual damages suffered.
  (Medical bills, both past, and future) x (multiplier) + (Total of Economic Damages, like medical bills, property damage, lost wages, etc.) = Reasonable Value of Case.
  
• The ‘Per Diem Method ‘
  Per Diem means ‘by the day’ and, in this case, refers to a fixed amount to be agreed by both parties as compensation until the victim fully recovers. There is no minimum or maximum and is subject to a mutual agreement of both parties.
  
  It is important to know that the methods explained are not obligations but are rather norms within the society. Generally, damages and compensation claims are dependent on the facts of the case, and it is a subjective matter.
  

Getting a legal opinion and knowing your possible course of action can put one’s mind at ease. The Representative is a personal injury law firm based in Utah with years of experience dealing with all kinds of personal injury cases. Book a free consultation or call at (801) 601-1500 to seek
legal advice from our expert personal injury attorneys based in Sandy, Utah.