Des Moines, the capital of Iowa, is famous for its lively arts scene. Not just arts, the city has plenty of things to see and do, right from visiting the Downtown Farmer’s Market to the exciting Adventureland Park and the super cool Historic East Village.
But even a beautiful city like Des Moines isn’t immune to accidents. Amidst the numerous losses a victim suffers, one stands out: pain and suffering.
“Pain and suffering” is a legal term that covers both the physical pain and the emotional distress that comes from an injury.
You’re not just seeking compensation for your medical bills or lost wages when you look for personal injury attorneys in Des Moines. You’re also seeking damages for how the injury has affected your quality of life.
This isn’t something that’s easy to quantify. How do you put a price on the sleepless nights, the anxiety, the depression, or the way an injury might make you pull back from activities you used to love?
The law tries to address this by allowing for compensation under the umbrella of “non-economic damages.” That’s the category pain and suffering fall into.
When Does Pain and Suffering Apply in Des Moines?
So, when does it make sense to seek these damages? Not every injury will qualify for a significant pain and suffering award. In Des Moines, the severity of your injury, how long it’s expected to last, and the impact on your life all play into whether it’s worth pursuing.
For example, if you’ve been in a car accident on Grand Avenue (or other popular roads in Des Moines) and suffered a broken arm, the physical pain is obvious.
But if that injury also means you can’t work for several weeks, can’t take care of your family the way you used to, or if you’re dealing with the emotional fallout, like anxiety every time you get back in a car, that’s when pain and suffering become part of the equation.
Another example could be a slip and fall at a local business. Let’s say you’re at a grocery store, and you slip on a wet floor that wasn’t properly marked. You injure your back, and now you’re dealing with chronic pain.
Maybe you can’t play with your kids the way you used to, or you’re facing depression because you’ve lost your independence. These are exactly the kinds of scenarios where suffering and pain damages could come into play.
How Pain and Suffering Damages are Calculated in Des Moines
Calculating suffering and pain damages isn’t as straightforward as adding up medical bills. In Des Moines, like elsewhere, these damages are often calculated using one of two methods: the per diem method or, the multiplier method.
The multiplier method involves calculating the total of your economic damages, things like medical bills and lost wages, and multiplying it by a number, usually between 1.5 and 5, depending on the severity of your injury and the impact on your life.
For example, if your economic damages total $50,000 and the multiplier is 3, your suffering and pain damages could be $150,000.
The per diem method calculates pain and suffering compensation by assigning a daily rate and multiplying it by the number of days affected. This method is less common but can be used in cases where your injury is expected to heal within a certain period.
Also, you should know that in Iowa, there’s no cap on non-economic damages like pain and suffering, except in medical malpractice cases.
This means that, theoretically, you could be awarded significant compensation, depending on the specifics of your case.
Working with a Des Moines Personal Injury Lawyer
You have to work with a local personal injury lawyer who understands the nuances of pain and suffering claims in Des Moines. A lawyer with experience in the Des Moines courts will know how to present your case in a way that maximizes your chances of receiving fair compensation.
A personal injury lawyer is pretty useful when it comes to alternate dispute resolution methods like arbitration and mediation.
They’ll also help you gather the necessary evidence, calculate a fair amount for your pain and suffering, and negotiate with the insurance companies on your behalf.
