This calculator estimates non-economic damages for pain and suffering using a progressive daily rate method. This approach accounts for the potential increase in the severity or impact of pain over time, common in long-term or worsening injuries.
per day
months
% increase per month
Estimated Progressive Pain & Suffering:
How the Progressive Pain and Suffering Calculator Works
The Progressive Pain and Suffering Calculator is designed to estimate non-economic damages in personal injury cases where the impact of pain and suffering is expected to increase or worsen over time. Unlike a simple multiplier or a flat per diem rate, this method acknowledges that the daily burden of an injury might not remain constant but could intensify, leading to a higher cumulative value.
Understanding the Inputs:
Initial Daily Pain & Suffering Value: This is your best estimate of the monetary value of the pain and suffering experienced on a single day at the beginning of the injury period. This value can be influenced by the severity of the initial injury, the immediate impact on daily life, and comparable case settlements.
Duration of Suffering (Months): This represents the total period, in months, for which the pain and suffering are expected to last. This could be until maximum medical improvement (MMI) or for a longer, indefinite period for permanent injuries.
Monthly Progression Rate: This is a percentage that reflects how much the daily value of pain and suffering is expected to increase each month. For example, a 2% monthly progression rate means that the daily value for month two will be 2% higher than month one, month three will be 2% higher than month two, and so on. This rate accounts for factors like worsening symptoms, increased limitations, or the cumulative psychological toll of chronic pain.
The Calculation Method:
The calculator works by taking the initial daily pain value and applying the monthly progression rate over the specified duration. For each subsequent month, the daily pain value is increased by the given percentage, and then multiplied by the average number of days in a month (approximately 30.44). These monthly totals are then summed up to provide the total estimated progressive pain and suffering.
The formula essentially looks like this:
Total Pain & Suffering = Sum (Daily Value for Month N * Days in Month)
Where Daily Value for Month N = Initial Daily Value * (1 + Monthly Progression Rate/100)^(N-1)
Example Scenario:
Let's consider an example:
Initial Daily Pain & Suffering Value: 150 per day
Duration of Suffering: 12 months
Monthly Progression Rate: 2%
Month 1: Daily Value = 150. Monthly Total = 150 * 30.44 = 4,566
Month 2: Daily Value = 150 * (1 + 0.02) = 153. Monthly Total = 153 * 30.44 = 4,657.32
Month 3: Daily Value = 153 * (1 + 0.02) = 156.06. Monthly Total = 156.06 * 30.44 = 4,750.49
…and so on, for 12 months.
The calculator sums these progressively increasing monthly totals to arrive at the final estimated progressive pain and suffering amount. This method provides a more nuanced and potentially higher valuation for long-term or worsening injuries compared to static calculation methods.