Fort Pierce Civil Assault and Battery Lawyers
If you were the victim of assault and/or battery, you may think that criminal prosecution is the only recourse. But if you incurred medical bills and other damages, you can commence civil proceedings, as well, by filing a personal injury claim against the offender.
Typically, you can hold someone liable for assault if he or she threatened you to the point that you feared for your immediate health, well-being, or safety. Battery, on the other hand, may have occurred if the aggressor intentionally made physical contact without your consent.
If either of these applies to your situation, contact Donaldson & Weston to determine the most strategic way to proceed. Since each of our Fort Pierce assault and battery injury attorneys is paid through contingency fee contracts, you’ve got nothing to lose by scheduling a consultation. Call 772-266-5555 to arrange a free case review.
Typically, you can hold someone liable for assault if he or she threatened you to the point that you feared for your immediate health, well-being, or safety. Battery, on the other hand, may have occurred if the aggressor intentionally made physical contact without your consent.
If either of these applies to your situation, contact Donaldson & Weston to determine the most strategic way to proceed. Since each of our Fort Pierce assault and battery injury attorneys is paid through contingency fee contracts, you’ve got nothing to lose by scheduling a consultation. Call 772-266-5555 to arrange a free case review.
How to Calculate Pain and Suffering Damages
Victims of assault and battery may be entitled to compensation for their pain and suffering. Quantifying such damages is challenging, though, because unlike medical expenses and lost wages, there is no objective documentation to calculate non-economic losses.
Fortunately, there are two widely accepted formulas for calculating pain and suffering. The first is known as the per diem method, and the second is called the multiplier method.
To apply the per diem method, you start by assigning a figure to your daily suffering. This figure should be fairly reasonable like $200 or a full day’s wages. Then, you multiply it by the number of days it takes to reach maximum medical improvement. If you spend six months recovering, for example, and use $200 as the daily rate, you would multiply 180 days by $200 to arrive at $36,000 for pain and suffering.
To apply the multiplier method, you take the total economic damages and multiply them by a factor that might range from 1.5 to 5. More severe injuries—and, therefore, more extensive pain and suffering—will warrant a higher multiplier. Less serious injuries, on the other hand, might call for a multiplier of 1.5 or 2.
It’s important to remember that just because the above formulas are widely used does not mean you are guaranteed to recover the amount you deem fair. Whatever number your attorney arrives at will merely serve as a starting point for the negotiations. If your lawyer can prove liability and provide sufficient evidence of damages, though, you may be able to secure compensation for both economic and non-economic losses.
Fortunately, there are two widely accepted formulas for calculating pain and suffering. The first is known as the per diem method, and the second is called the multiplier method.
To apply the per diem method, you start by assigning a figure to your daily suffering. This figure should be fairly reasonable like $200 or a full day’s wages. Then, you multiply it by the number of days it takes to reach maximum medical improvement. If you spend six months recovering, for example, and use $200 as the daily rate, you would multiply 180 days by $200 to arrive at $36,000 for pain and suffering.
To apply the multiplier method, you take the total economic damages and multiply them by a factor that might range from 1.5 to 5. More severe injuries—and, therefore, more extensive pain and suffering—will warrant a higher multiplier. Less serious injuries, on the other hand, might call for a multiplier of 1.5 or 2.
It’s important to remember that just because the above formulas are widely used does not mean you are guaranteed to recover the amount you deem fair. Whatever number your attorney arrives at will merely serve as a starting point for the negotiations. If your lawyer can prove liability and provide sufficient evidence of damages, though, you may be able to secure compensation for both economic and non-economic losses.
