How is pain and suffering calculated in Minnesota?
When you suffer an injury due to someone else’s negligence, calculating compensation for pain and suffering becomes a critical part of your personal injury claim. This blog explores why pain and suffering are considered in personal injury cases, how it’s calculated across different states, the specific methods used in Minnesota, and how these methods apply to real-world scenarios. Mark Perron, a Minneapolis personal injury lawyer at Perron Law Office, lends his expertise to clarify these complex calculations.
Why Consider Pain and Suffering?
The Role of Non-Economic Damages
Pain and suffering represent what are known as non-economic damages in a personal injury case. Unlike economic damages, which cover direct expenses like medical bills and lost wages, non-economic damages compensate for the intangible aspects of an injury:
- Physical discomfort and pain
- Emotional and psychological distress
- Loss of enjoyment of life
- Impact on lifestyle and relationships
These damages acknowledge that the impact of an injury extends beyond financial costs, affecting all areas of a victim’s life.
Calculating Pain and Suffering Across the States
Diverse Methods and Approaches
Different states typically use one of two methods to calculate pain and suffering, primarily:
- Multiplier Method: In this method, the total economic damaged are multiplied by a number (usually between 1.5 and 5) based on the severity and permanence of the injury.
- Per Diem Method: Which assigns a daily rate to pain and suffering from the date of the injury until the plaintiff reaches what is considered the most medical improvement possible. The daily rate might be equivalent to the victim’s actual daily earnings.
Each method aims to quantify in financial terms the subjective experience of pain and suffering, with the chosen method reflecting different legal philosophies about how best to compensate for these non-economic damages.
The Minnesota Approach to Pain and Suffering
Why the Multiplier Method is Preferred
In Minnesota, the multiplier method is predominantly used to calculate pain and suffering. This preference aligns with the state’s legal framework, which aims to provide fair compensation based on the actual impact of the injury. The multiplier is adjusted according to:
- Severity of the Injuries: More severe injuries receive a higher multiplier.
- Impact on Quality of Life: Greater changes to the victim’s lifestyle can increase the multiplier.
- Longevity of Suffering: Chronic or permanent conditions have a profound impact on the multiplier used.
This method is favored for its simplicity and its ability to adapt to the specifics of each case, allowing Minneapolis personal injury lawyers like Mark Perron to argue effectively for fair compensation based on detailed case facts.
Case Study: Calculating a Real-World Settlement
Example of a Car Accident Victim
Consider a car accident victim with whiplash and a broken leg, resulting in six months of inability to work and significant pain management needs. Here’s how their pain and suffering might be calculated in Minnesota:
- Total Economic Damages: Assume medical costs and lost wages amount to $50,000.
- Multiplier Selection: Given the severity and impact, a multiplier of 3 is chosen.
- Pain and Suffering Calculation: $50,000 (economic damages) x 3 (multiplier) = $150,000 for pain and suffering.
The final settlement would then consider both economic and non-economic damages, potentially reaching $200,000 or more, based on these calculations and other factors like legal fees and punitive damages, if applicable.
Conclusion: Securing Fair Compensation
Calculating pain and suffering in a personal injury case requires a nuanced understanding of both legal principles and the human experience of injury. In Minnesota, using the multiplier method helps ensure that victims receive compensation proportional to the true impact of their injuries. For anyone navigating these challenges, consulting with a Minneapolis personal injury lawyer such as Mark Perron is crucial to achieving a just outcome.
If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. We proudly serve the communities of Lauderdale, Columbia Heights, Falcon Heights, Robbinsdale, Roseville, Crystal, New Brighton, Richfield, Arden Hills, Fridley. Simply reach out on 651-269-6208 to schedule your free consultation.
