How is Pain and Suffering Calculated in Sexual Abuse Settlements?

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Pain and suffering are among the hardest damages to calculate, but some of the most consequential for sexual abuse victims. We know how to calculate non-economic damages, and can tell you how much you deserve from a settlement.

Pain and suffering are calculated using one of two methods, the multiplier method or the per diem method. Though they differ, each is influenced by subjective factors, such as the severity and duration of the abuse, as well as the victim’s age and relationship to their abuser. You don’t have unlimited time to sue for pain and suffering or other damages from sexual abuse, so don’t wait to see if you have a case.

Call The Law Office of Andrew Shubin’s attorneys for victims of sexual abuse at (814) 826-3586 for your free case review today.

How Can You Calculate Pain and Suffering from Sexual Abuse?

There are two methods for calculating pain and suffering from sexual abuse and other personal injuries: the multiplier method and the per diem method. We can utilize both to see which yields more non-economic damages and is better suited to your case.

Using the Multiplier Method

The multiplier method begins by selecting a factor. The factor may be between 1.5 and 5, with 5 being the appropriate multiplier for the most severe sexual abuse cases. Our attorneys for victims of sexual abuse would then multiply the selected factor by the victim’s total economic damages. The result would be how much our attorneys request for non-economic damages when filing the sexual abuse complaint.

Using the Per Diem Method

The per diem method also involves multiplication, but is distinctly different. First, we assign a dollar value to your daily pain and suffering. Then, we multiply that dollar amount by the number of days non-economic damages have persisted and are expected to persist.

Daily pain and suffering rates depend on a combination of factors, including the severity of the abuse.

What Factors Influence Pain and Suffering Calculations in Sexual Abuse Cases?

Our lawyers weigh many factors when calculating non-economic damages. A careful analysis helps determine the appropriate factor for the multiplier method and the appropriate daily rate of pain and suffering for the per diem method.

Duration of Abuse

Ongoing abuse can have more severe psychological impacts on victims. Tell our lawyers everything you can about when the abuse began, what it entailed, and when it ended so that we may present an accurate case on your behalf.

Severity of Abuse

The severity of the abuse also contributes to the victim’s pain and suffering. We prioritize victims’ comfort and safety during consultations and while building cases, so they can discuss the details of what occurred and help our lawyers calculate non-economic damages more accurately.

Age During Abuse

Sexual abuse has psychological consequences for all victims, but especially children. The victim’s age at the time they were abused is an important factor when assessing compensation for pain and suffering.

Relationship with Abuser

The victim’s relationship to the abuser can contribute to their pain and suffering, especially if they are a trusted family member, community member, church leader, or teacher.

Victim’s Quality of Life

If the victim’s quality of life is still suffering from childhood sexual abuse, our lawyers will take that into consideration and ask for compensation for your ongoing pain and suffering. A therapist or another mental health expert may testify about the victim’s low quality of life now.

FAQs About Pain and Suffering in Sexual Abuse Settlements

Are Pain and Suffering Damages Limited in Sexual Abuse Settlements?

In general, pain and suffering damages aren’t limited in most sexual abuse lawsuits. Out-of-court settlements may yield more non-economic damages than some victims initially sought, enabling cases to be resolved privately and without public trials.

Can Expert Testimony Prove Pain and Suffering from Sexual Abuse?

Expert witness statements can compel a larger settlement for pain and suffering and other non-economic damages. Mental health experts can evaluate victims and give their expert opinions on the psychological effects abuse has had on their mental well-being and overall quality of life.

Can Victim Testimony Prove Pain and Suffering from Sexual Abuse?

Deposition and testimony from the victim is some of the strongest evidence of pain and suffering from sexual abuse. The victim can describe what they endured, how it affected them in the past, and how it continues to affect them today. Victim testimony helps cases that go to trial and are decided by jurors.

What Other Evidence Supports Pain and Suffering Calculations from Sexual Abuse?

Statements from other witnesses, such as friends and family, can help us prove pain and suffering and get a larger settlement, as can journals or diaries kept by the victim detailing their struggles.

Can You Get More for Pain and Suffering without Settling a Sexual Abuse Case?

You do not have to settle your sexual abuse case to get compensation for pain and suffering. Victims who feel compelled to go to trial may get more non-economic damages, and maybe even punitive damages.

How Long Do You Have to Sue for Pain and Suffering from Sexual Abuse?

You have limited time to sue for pain and suffering from sexual abuse. Many states have different statutes of limitations for child and adult victims, some eliminating the filing deadline for childhood sexual abuse lawsuits altogether.

How Are Other Damages Calculated in Sexual Abuse Settlements?

To calculate the other type of compensatory damages, economic damages, we can tally therapy costs, lost wages, medical treatment, and other concrete expenses incurred due to sexual abuse. You might have incurred more economic damages from sexual abuse than you originally thought, so let us do the calculations.