How do you quantify the unquantifiable in personal injury cases? - Kim Leslie

Kim Leslie is a personal injury attorney with extensive experience in handling various types of injury claims. In her statement, she acknowledges that there is no foolproof method for resolving personal injury cases, particularly when it comes to quantifying the intangible or non-economic damages.

Personal injury cases typically involve both economic and non-economic damages. Economic damages are objective and can be easily calculated, including medical bills, lost wages, and property damage. However, non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are subjective and more challenging to quantify.

To determine non-economic damages, various methods are used, including the multiplier method and the per diem method. The multiplier method involves calculating economic damages and then multiplying that amount by a number that reflects the severity of the non-economic damages. For example, if a plaintiff suffered $50,000 in economic damages and a multiplier of 2 is used, the non-economic damages would be $100,000.

The per diem method involves assigning a daily rate to non-economic damages and multiplying that rate by the number of days of suffering. For instance, if a plaintiff suffered emotional distress for 365 days and a per diem rate of $100 is used, the non-economic damages would be $36,500.

It is important to note that these methods are not foolproof and can lead to varying results depending on the circumstances of each case. Additionally, some jurisdictions have specific guidelines or caps on non-economic damages, which can further complicate the process of quantifying intangible damages.

Ultimately, the process of settling personal injury claims and quantifying non-economic damages can be complex and subjective, requiring the expertise of experienced attorneys and a thorough understanding of the law and relevant facts of each case.