How Is Pain and Suffering Calculated After an Accident in Mississippi?
If you were badly injured in an accident due to the careless or wrongful actions of another party, you might be entitled to compensation. Some of your compensation is specific for lost wages and medical expenses, but you may also be entitled to non-tangible damages, which includes pain and suffering.
What Are Pain and Suffering Damages?
An accident can be a traumatic event that can leave a person with emotional scars that prevents that person from participating in many life activities. Pain and suffering damages compensate victims for the physical pain that results from injuries as well as the emotional distress. Factors such as loss of sleep, depression, and anxiety are common consequences of a serious injury. Since pain and emotional distress aren’t necessarily quantifiable, the challenge then becomes how to best place a value on these damages.
Limits on Mississippi Pain and Suffering Damages
Some states limit the kinds of damages that a victim can receive when they sue the wrongful party in a personal injury case. Mississippi is one of those states. The Mississippi legislature amended Miss. Code Ann. § 11-1-60 in 2004 to place caps on non-economic damages, or pain and suffering.
Currently, there are limits of $1 million on personal injury pain and suffering and $500,000 on medical malpractice pain and suffering damages in Mississippi. The constitutionality of these rules has been challenged multiple times over the past several years. In short, the courts have upheld the current laws, and the state’s cap on non-economic damages remains in place.
How Pain and Suffering Damages are Calculated
The Multiplier Method
The basic technique employed in the multiplier method to calculate pain and suffering damages is to first add up the known economic damages and then multiply their sum by a number between 1.5 and 5. In general, the more severe the injury, the higher the multiplier will be.
The obvious economic expenses include medical treatment expenses, lost earnings, and property damage. Choosing the correct multiplier number is based on several factors, such as the particular circumstances of the case, the nature and scope of injuries, and their fallout on the future medical expenses to be borne by the plaintiff.
To cite an example, if the nature of injuries suffered by you in an accident is so devastating that it might need lifelong medical therapies and treatments, potential loss of future income, and the prospect of an inferior lifestyle as compared to your present one; the multiplier used to calculate your pain and suffering compensation amount could be 4 or 5 or maybe higher. However, if a complete recovery from seemingly serious injuries is possible, something close to the median number of 3 is normally used.
Another factor that plays an important role in deciding the multiplier number to calculate pain and suffering damages is the magnitude of negligence or misconduct on the part of the defendant that caused the accident.
The Per Diem Method
Another common method used by the law to arrive at a tangible figure for the victim’s pain and suffering is the per diem (Latin for “per day”). The approach aims to press for a specific amount of financial compensation to be paid to the victim for each day that they suffer due to their injuries.
The per diem technique calculates the daily rate by taking into account your daily income or wages before the accident that caused your injuries. The fact that the insurance company or the defense attorney is more likely to challenge the daily rate presented by your attorney, generally deters plaintiffs to use this method as much as the multiplier method.
Evidence Needed to Prove Pain and Suffering Damages
Awards for pain and suffering in Mississippi aren’t automatic in injury cases. A victim must be able to prove that they have suffered these damages, which can be a challenge considering their nature. Some of the most effective evidence in proving non-economic damages includes:
- Photographs of the victim before and after the accident
- Personal journals and diaries describing the emotional and physical impact of the accident
- Letters and testimony from family and friends
- Documentation of mental health treatment
The state of Mississippi places time limits, called a statute of limitation, on filing personal injury claims. You have three years after sustaining an injury to file a claim for damages, but you should certainly consult with a qualified Mississippi personal injury attorney as quickly as possible to preserve your right to collect all forms of compensation.
Get Help From a Qualified Mississippi Personal Injury Attorney
Whether you have been injured in a car accident, slip and fall accident, or another type of accident, pain and suffering is just one of the ways that you can collect from the responsible parties. The Gardner Law Firm has extensive experience in protecting the rights of our clients throughout Mississippi as well as determining the value of personal injury claims. Contact us today 228-436-6555 or online to schedule a free consultation to discuss your case.
