Scientific Valuation of Pain and Suffering
Our expert witness consulting offers attorneys a groundbreaking approach to estimating pain and suffering, whether from bodily injury, chronic disability, workplace discrimination, or emotional trauma. Leveraging well-being data, we deliver scientifically backed assessments that facilitate fair compensation for those who have suffered due to an injury or emotional distress.
the problem
The calculation of pain and suffering in injury cases has long been a challenging task. In many legal proceedings, courts have struggled to quantify the intangible aspects of injury-related trauma related to emotional distress, loss of enjoyment of life, and the psychological impact on an individual's overall well-being.
This difficulty is further compounded by the fact that traditional approaches to estimating these damages have focused primarily on the negative aspects of suffering, neglecting the broader perspective of human flourishing and overall well-being. After all, the lack of pain does not equate to a psychologically fulfilling life, a message that is often neglected by insurance companies and courtrooms.
As a result, the quantification of pain and suffering in injury cases remains an imprecise and highly subjective process, which can lead to inconsistent and arbitrary outcomes for claimants.
limitations of current practices
The predominant method of assessing pain and suffering, which relies on using medical bills as a proxy for the extent of an individual's suffering, has numerous flaws.
First, this approach focuses exclusively on negative emotions, disregarding the importance of positive life experiences, which individuals also value highly. For instance, injuries resulting in chronic pain can not only cause discomfort but also limit a person's daily activities and psychological functioning, further impacting their well-being. The lack of pain and suffering is also not synonymous with human flourishing, a key point that has led to the development of the field of positive psychology.
Second, medical bills do not accurately represent the extent of pain and suffering. Some conditions that cause long-term chronic pain may be treated inexpensively with generic drugs, while others, like cosmetic procedures, can be costly. Moreover, the diverse treatment options for chronic pain, ranging from over-the-counter medication to alternative therapies, can vary significantly in cost, even if the patient experiences a similar degree of pain or loss of well-being.
Importantly, high medical bills may simply indicate diagnostic fees and not actual suffering or loss of well-being. At the same time, low medical bills do not indicate the absence of pain and suffering.
Finally, using a multiple of medical bills to calculate compensatory damages is often arbitrary and lacks any theoretical justification in well-being models. The use of medical bills as a basis for estimating compensation can result in vastly different settlements for individuals with similar levels of pain and suffering, depending on their personal choices and circumstances.
value proposition
Our approach addresses these limitations by utilizing advances in the science of the economics of happiness to provide a more comprehensive, objective, and scientifically grounded measure of pain and suffering. By considering both positive and negative aspects of an individual's life experiences, we can more accurately estimate the monetary value of their loss of well-being due to injury.
Our methods combine decades of research in economics, psychology, and public health and incorporate various aspects of well-being, including validated measures of subjective well-being and eudaimonic well-being (e.g., happiness, life satisfaction, sense of autonomy, positive relationships with others, environmental mastery, etc.)
By analyzing a representative sample of individuals and their well-being, we calculate the "shadow price" (or the marginal rate of substitution) of different health conditions, representing the additional income needed to compensate for the well-being losses resulting from a particular injury or psychological distress.
Through this innovative approach, we offer a more objective and scientifically sound method for estimating pain and suffering, paving the way for fairer and more consistent outcomes in injury cases.
Our Services
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Custom Well-being Reports
Our custom well-being reports provide a scientific approach to valuing pain and suffering in a variety of contexts. We utilize scientific methods, grounded in happiness and well-being research, to estimate the monetary compensation required to counterbalance the loss of well-being associated with different injuries. Our reports offer a valuable foundation for your case, delivering a compelling and data-driven perspective on pain and suffering.
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Expert Court Testimony
As experienced professionals in the field of happiness and well-being, we offer expert court testimony that highlights the relevance and significance of our findings in injury cases. Our expertise allows us to articulate complex concepts in a clear and persuasive manner, ensuring that our analysis of happiness data is easily understood by judges, juries, and other legal professionals involved in the case.
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Strategy Consultation
Our Legal Strategy Consultation service provides comprehensive guidance on incorporating happiness data into your case. We work closely with you to identify the most effective ways to use well-being valuation findings to strengthen your legal arguments, while also providing insights on potential challenges and limitations. Our consultation helps you maximize the impact of happiness data in your case.
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Happiness Workshops
Our tailored workshops offer law firms and legal professionals the opportunity to explore and understand the role of happiness and well-being data in legal cases. Through interactive sessions, we delve into the methodology, applications, and benefits of using well-being data in your practice. Equip your team with the knowledge and skills necessary to incorporate this innovative approach into your legal practice.
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Bespoke Research & Analysis
Our Bespoke Research & Analysis service caters to the unique needs and interests of our clients in the realm of injury-related well-being topics. We conduct tailored research and analysis to uncover new insights and perspectives that can strengthen your case. With our customized approach, you can be confident that you're exploring every angle and leveraging the full potential of happiness data in your legal strategy.
SAMPLE CASE STUDIES
Back and neck pain
Knee and joint pain
Psychological trauma
Divorce and its impact on well-being
Death and bereavement
Chronic illness and disability
Workplace stress and discrimination
POTENTIAL BENEFITS
settle cases faster
obtain higher settlements
greater fairness
increased customer satisfaction
cost-effective expertise
stand out from the competition
strengthen case arguments
“Happiness is like a butterfly: the more you chase it, the more it will elude you, but if you turn your attention to other things, it will come and sit softly on your shoulder”
— Henry David Thoreau
Meet the Expert
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Boris Nikolaev
FOUNDER
As the founder and leading expert behind our innovative approach to injury cases, Dr. Nikolaev brings an unparalleled depth of knowledge and experience in the field of happiness and well-being. With over 15 years of experience, Dr. Nikolaev has established himself as a renowned scholar, boasting more than 50 publications in top economics, psychology, and business journals. He has won numerous research, teaching, and service awards. His extensive expertise, coupled with his passion for the study of well-being, has led to groundbreaking research on the economics of happiness, which can be applied in legal contexts. Under Dr. Nikolaev's guidance, our clients benefit from the wealth of experience and creative insights that only a leading expert in the field can provide.
Schedule a Free Consultation
To schedule a free consultation, please use the contact form or email me at borisnikolaev [at] gmail.com
I look forward to speaking to you and discussing your needs.