If you were involved in an accident and hurt badly, it is possible that you can receive pain and suffering compensation. These damages are different, which is why it is a challenge to determine the price of emotional distress since the calculation doesn’t come from medical bills.
Instead, the compensation is for:
- Temporary pain and discomfort (physical)
- Psychological and emotional problems, including anxiety, shock, depression, insomnia, and memory loss
- The effect of physical disabilities or limitations that may have emerged after the accident
- Psychological or emotional trauma
Calculating the pain and suffering is legally possible, and you can help your lawyers compute correctly with the following four tips:
1. Keep track of your pain
Maintain a post-accident journal where you write down everything, from the physical pain that you may experience every day to the psychological trauma. Whenever you feel unhappy or frustrated because the accident is affecting how you live your life, you should document it in the journal.
2. Save medical records and bills
It is also essential that you get confirmation from the professionals. At this point, you should have medical records ready, as well as statements from doctors.
3. Know how much special damages are worth
Special damages pertain to not only medical payments, but also out-of-pocket expenses, property damage, and lost wages. Frequently, computing this amount is straightforward. You will just have to add up your receipts, lost income, and other bills.
Once you have a figure for your special damages, the next step is to examine which juries in your area grant people with compensation for economic losses and other grievances. You should be able to include the following:
- The specific type of pain and suffering you are experiencing
- The duration and severity
- The impact of the discomfort and pain in your life
Make sure to gather as much evidence as possible to help you with your case.
4. Use a multiplier
Insurance companies typically use a multiplier for calculating compensation for your pain and suffering. The multiplier ranges from one to five. Here’s an example: after the accident, your medical bills amounted to $150,000. You consulted your lawyer, and he has decided to multiply your pain and suffering damages by two, which gives you $300,000. In total, your compensation should be $450,000 ($150K+$300K).
Therefore, it’s vital that you have a personal injury lawyer who will take a look at your case. The analysis of your claim’s value will undoubtedly be complicated, which is why it is necessary to consult a personal injury lawyer.
The claims adjuster will not approve your demand unless you have evidence that is persuasive and credible. Your lawyer can present your case, along with the proof and documentation, and demonstrate the negative impact of your pain and suffering on the quality of your life.
The attorney will figure out the multiplier to use, which can involve certain factors, such as how severely injured you were, whether or not you need future therapy and medication, and how long it will take for your wounds and other damages to heal.
You need to be prepared so you can convince the claims adjuster of the gravity of your pain and suffering, which will also help you get a higher settlement offer from your insurance company.
