After an accident, it is not just about the physical injuries. It is like being lost in a maze of emotions, unsure how to get fair compensation. Pain and suffering go beyond what you can see—imagine feeling both physical and emotional pain. It is different for everyone, but it is a mix of hurting your body and feeling sad or worried. That is what pain and suffering are all about. You may need the assistance of an injury lawsuit attorney to seek compensation for the intangible loss.
Understanding Pain and Suffering
Injury comes with physical pain. But it is not just about the physical feeling. You will feel sad and worried. These feelings from the injury you sustain are called pain and suffering. People feel things differently, so pain and suffering are different for everybody in their own way.
When evaluating pain and suffering damages, insurance companies usually consider factors like emotional impact, medical care, and recovery duration. They also look at the effect of day-to-day activity and how long-lasting the injury is.
Common Calculation Methods
1. The Multiplier Method
This method involves multiplying all the money lost by a factor, including medical bills and missed work. These helps them determine the non-economic damages, including pain and suffering. The multiplier method usually comes in cases of long-term injury.
Selecting the Multiplier Method: It usually ranges from 1.5 to 5, based on the severity of the injury, recovery period, impact on daily life, and emotional distress:
2. Per Diem Method
Use on temporary occasions. This method assesses and gives a value – assigns daily rate – to the pain and suffering based on how severe and how long the injury is, multiplied by the number of days the victim is expected to be in pain. It is suitable for temporary injury cases.
These methods are just the beginning. The main calculation may include different adjustments according to some specific factors. It is vital to note that unique circumstances, insurance company policies, and jurisdiction can affect how the insurance company calculates your damage.
There may be other options, such as negotiating with the parties involved. If the matter gets to the court, the court has the final decision. Therefore, it is best to work with an experienced injury lawsuit attorney to guide you.
Pain and Suffering Caps: Caps are imposed in some states to limit what can be awarded, no matter how bad the injury is.
Seeking Legal Assistance
Pain and injury suffering damages are complex issues. It can be challenging to work with insurance companies. Working with an injury lawsuit attorney can give you valuable assistance. They have the expertise to fully assess the situation and go through every detail to determine what you deserve. They will ensure you receive a fair compensation package that will satisfy you.
Wrapping Up
Insurance companies use different methods to calculate pain and suffering damages compensation. Knowing these methods can help you obtain what you deserve. Consult a professional injury lawsuit attorney with the expertise to give a satisfying compensation process. You will be happy you did.
