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The Per Diem Method: A Tool to Put a Value on Emotional Distress

Emotional distress Per Diem Method Emotional distress can be challenging to quantify in legal cases. However, the per diem method offers a structured approach to valuing emotional suffering. This method allows plaintiffs to receive compensation proportional to the severity and duration of their emotional distress.

When accidents happen, they can cause both physical and emotional trauma, resulting in a profound impact on a person's life. Great law firms, like Franklin D. Azar & Associates, P.C., understand the complexities of such cases and utilize the per diem method to help clients get fair compensation for their emotional suffering.

Franklin D. Azar Accident Lawyers is the largest personal injury law firm in Colorado, with over 30 years of experience. They have represented over 50,000 victims and secured over $2.3 billion in compensation. Experienced law firms like this can help you secure compensation for emotional losses.

What is the Per Diem Method?

Emotional distress Per Diem Method The per diem method, Latin for "per day," assigns a monetary value to emotional distress. This method involves assigning a specific dollar amount to each day that the victim experiences emotional suffering due to the incident. It's important to note that the per diem method is just one approach used to quantify emotional distress and may not be applicable in all cases.

Key Points:

1. The per diem method assigns a daily value to emotional distress.

2. It's one approach used to quantify emotional suffering in legal cases.

How Does the Per Diem Method Work?

The per diem method involves several steps:

1. Determining the Duration: The first step is determining the duration of emotional distress. This could be from the accident date until the present or until the case is resolved.

2. Assigning a Daily Value: A daily value is assigned to the emotional distress. This value can vary depending on the severity of the emotional suffering and other factors.

3. Calculating the Total: Finally, the total value of the emotional distress is calculated by multiplying the daily value by the number of days the victim has experienced emotional suffering.

Example: If the daily value of emotional distress is determined to be $100, and the victim has experienced emotional suffering for 100 days, the total value would be $10,000.

When is the Per Diem Method Used?

The per diem method is often used in cases where:

1. There is clear evidence of emotional distress, such as PTSD or depression.

2. The emotional distress is ongoing and has a significant impact on the victim's life.

Limitations of the Per Diem Method

While the Per Diem method can help assign a value to emotional distress, it has some limitations:

1. Subjectivity: Emotional anguish has a subjective daily value that varies based on the specifics of the case.

2. Skepticism from Juries: Some juries may be skeptical of the Per Diem method and may not consider it a reliable way to quantify emotional suffering.

3. Not Applicable in All Cases: The per diem method may not be applicable in cases where emotional distress is difficult to quantify or does not have a precise duration.

Wrap Up!

Emotional distress Per Diem Method The per diem method is great for valuing emotional distress in personal injury cases. It offers a structured approach and can help victims receive fair compensation for their suffering. While it has limitations, experienced law firms are well-equipped to utilize this method effectively to fight for their clients’ rights and obtain the compensation they deserve.

Even though measuring emotional suffering might be challenging, victims may have a higher chance of getting the justice they are due when they use the per diem method. So, it is essential to consult with a trusted law firm that understands the complexities of emotional distress cases and can utilize the per diem method effectively to ensure fair compensation for their clients.

Don't let emotional suffering go unaccounted for in your case; seek help from experienced professionals who can fight for your rights and get you the justice you deserve.

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Any facts, figures or references stated here are made by the author & don't reflect the endorsement of iU at all times unless otherwise drafted by official staff at iU. This article was first published here on 30th May 2024.

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