The value of pain and suffering caused by the negligence of another in an accident is based on several factors. This includes the seriousness of the injury, medical treatment, and insurance coverage. At Flora Templeton Stuart Accident Injury Lawyers, we refer our injured clients to excellent physicians to get the care they need and the compensation they deserve.
What’s In This Guide
- What is pain and suffering?
- How to prove you had pain and suffering
- How do insurers calculate the value of pain and suffering?
- Contact a lawyer for assistance
What is pain and suffering?
Pain and suffering refers to the physical and emotional damage that occurs after you have been involved in an accident. It’s not only physical pain, but mental injuries and emotional pain as well. It could be grief, insomnia, fear, worry, and loss of enjoyment of life. Some of the pain and suffering damage include:
- Grief
- Discomfort
- Insomnia
- Fear
- Worry
- Inconveniences
- Emotional distress
How to prove you had pain and suffering
The pain and suffering damage are recoverable. However, you need an experienced injury lawyer to prove that you have pain and suffering damages. Proof of suffering will take on many forms and is mostly found in your medical needs.
Providing sufficient evidence and documentation will ensure you get the compensation you deserve for your pain and suffering damage. When you get injured in an accident, you could get injuries that may lead to permanent health issues. The injuries can also cause pain and suffering. If you file for accident claim cover to get financial compensation, you may wonder how to prove that you have pain and suffering.
You won’t get much if you can’t show proof of your pain and suffering. Simply saying that you have been suffering emotionally, will not suffice in a court of law. You’ll have to show some evidence. There should be proof to show how your emotional suffering has made you unable to live without everyday care. It is your right to get compensated for pain and mental suffering after an accident. Here are ways you can show evidence of pain and suffering.
Personal testimony
Our injury attorneys can give your description of how your life has been affected after the accident and how they have affected your daily life.
Doctor’s testimony
It is crucial in your personal injury case to provide a doctor’s testimony or consult with medical experts about the psychological and physical impact of the injuries. If you have suffered from depression due to an accident, your mental health doctor can testify about that in court. Medical treatment will establish suffering and is assumed with therapy, injections, or even surgery. Getting the right doctors is one of the main steps Flora Templeton Stuart Accident Injury Lawyers take in your case.
Photos or video
Certain injuries can drastically change your everyday life. The physical limitations can make it hard to take care of yourself or even restrict your mobility. You need to show visual evidence like photos of the injury. In serious cases, photographing a crashed vehicle can also help. You can also create a video to depict the day in your life. Through the video, you can also show how your loved ones have been affected.
How do insurers calculate the value of pain and suffering?
As a personal injury victim, you can get compensation for such damages. However, it’ll be hard to quantify the amount you’ll get for the pain and suffering damage. When it comes to pain and suffering, there is no strict rule on putting the dollar value on it. However, there are a few things that an insurance company will consider to determine the damage. There is no rule used but the insurance company can still calculate pain and suffering compensation. There are different methods used to calculate pain and suffering. Some of the strategies used by insurance companies include:
The multiplier method
In the multiplier method, the actual damages are multiplied by a given number, which is between 1 and 5, depending on the severity of the injury. In the multiplier method, you’ll add the total amount of your medical bills. The damages such as property damage, medical expenses, and lost wages are multiplied by a certain variable. It is the most common method used to quantify the extent of pain and suffering damage. The variable can be as high as five or as low as 1.5. For instance, if you suffered economic damages of $150,000 and 2.0 is the variable, then your pain and suffering amount would be $300,000. The multiplier depends on factors related to the case, such as:
- Preexisting conditions
- Medical documentation
- The seriousness of the injury
- Type of injury
- Liable party’s fault percentage
- Impact of injuries on the daily life of the victim
However, the problem with the multiplier method is the amount is arbitrary. It may result in different amounts when different multipliers are used. The at-fault driver’s insurance limits can be minimal. Many drivers only have policies with $25,000 per person. Having ample uninsured and underinsured coverage is important.
The per diem method
Under the per diem method, a certain amount gets assigned to every day of the accident until the plaintiff reaches maximum recovery. The per diem method for calculating pain and suffering damages uses a daily rate for every day the plaintiff suffered. The difficult part is justifying the daily rate of use. To make sure you have a reasonable daily rate, you should use your daily earnings.
For instance, if the daily rate is $500 and the victim suffered for 25 days, then the value of the pain and suffering compensation would be $12,500. When the timeline for the pain and suffering is longer, then a higher value will be attached. Insurance companies don’t use the per diem method for long-term injuries, since it can lead to a higher value. If the victim suffers from the impact of the injuries for the rest of their life, the sum would be huge and will certainly be denied. This assumes good medical treatment. In most cases, injured clients treat for several months.
Hybrid method
Hybrid is a combination of the per diem and multiplier methods to determine the amount of damage. The insurance company then makes adjustments depending on the accident specifics. The insurance adjuster can use the daily rate for pain and suffering and then have a small multiplier to the economic damages.
However, some insurance companies don’t use methods to calculate compensation for pain and suffering. Some insurance companies use computer programs to calculate the amount to pay for pain and suffering. The computer programs take into account the type of medical treatment and the type of injury. Many insurance companies will value cases mainly for the amount of medical bills, length of treatment, and type of treatment.
Contact a lawyer for assistance
It is difficult to determine the pain and suffering compensation. Therefore, it is vital to get the help of a personal injury lawyer who will ensure you get higher compensation. Flora Templeton Stuart accident injury lawyers are qualified and will argue for a higher value for your pain and suffering claim. We work on a contingency fee basis, so you will only pay once you get compensated for your pain and suffering damage. We will also travel to you if you cannot come to us, and you never pay anything unless we win your case. Contact us today and put our 45 years of experience to work for you.
