In the event of a car accident, the negligent party must pay the victim full compensation for their losses under Connecticut law. These losses are actual financial expenses, such as medical costs, but can also be intangible losses (like pain and suffering).
Determining monetary value for pain and suffering in a Connecticut personal injury case can be complicated. We will discuss how value is determined in the article below by our CT injury lawyers.
It's important to consult with a personal injury lawyer in Connecticut for advice about your specific case. The experienced team at Brandon J. Broderick, Attorney at Law, can provide invaluable advice about what you need to do next.
Value of Pain and Suffering Damages in a Connecticut Personal Injury Case
When determining pain and suffering damages, Connecticut courts allow both parties certain leeway. The most common ways pain and suffering is determined are: the multiplier method and the per diem method.
There isn't a simple mathematical formula behind either of these approaches. Instead, they establish a foundation for quantifying intangible losses like pain and suffering.
Multiplier Method
The most common approach is called the multiplier method.
The economic losses sustained in an accident causing an injury are the first to be calculated by the court. Expenses like medical care and lost wages are included here. The value of the victim's pain and suffering is then calculated by multiplying this amount by a predetermined factor (often between 1-5).
For example, if an injured victim suffers a fractured leg in a car accident and has total economic damages of $10,000, the court could determine that the multiplier should be "3" to calculate the amount of compensation for their pain and suffering. This would put their damages at $30,000 for pain and suffering. The victim would receive this in addition to compensation for financial losses.
A court's decision on the appropriate multiplier will depend on a number of variables, including the nature and extent of the victim's injuries, the extent to which their lives were disrupted, and the length of time it is expected to take for them to recover.
Per Diem Method
The per diem method of figuring out pain and suffering damages is often reserved for claims involving only temporary injuries and is therefore less commonly employed.
The court will assign a specific daily amount to the victim's pain and suffering. Then, the total number of days the victim needs to recuperate is multiplied by that number.
If the court determines that the victim will need 30 days to recuperate, for instance, and they give the victim $100 per day in pain and suffering damages. In this situation, the victim would be entitled to $3,000 in damages for pain and suffering.
Connecticut Doesn't Limit Damages in Injury Cases
While many states will put a cap on the amount of damages a person may be awarded for pain and suffering, Connecticut does not place these limits.
In the state of Connecticut, an accident victim is entitled to full reimbursement for their medical bills, lost wages, and pain and suffering from the at-fault driver's insurance carrier. There are no caps on the amount they can receive.
Are You Entitled To Pain and Suffering Damages? Discuss Your Case With Brandon J. Broderick, Attorney at Law
Nobody ever anticipates an injury will happen, much less considering filing a lawsuit over their injuries. On the other hand, accidents do occur and can have severe consequences for both your health and financial situation.
When you hire Brandon J. Broderick, you'll benefit from the years of experience among our team of Connecticut personal injury attorneys, as well as their dedication and compassion for clients. Car accidents, slip and fall accidents, work injuries, and construction site accidents are some of the personal injury lawsuits our attorneys have defended clients against over the years. A large number of people just like you have benefited from our assistance.
Give us a call today for a no-cost case evaluation.
We have office locations around the state of Connecticut, in cities like Bridgeport, Danbury, Hartford, New Haven, Norwalk, and Stamford.