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There’s no straightforward way to determine the monetary value of a person’s pain and suffering.  However, an insurance company can look at specific criteria to arrive at a figure.

If an individual or organization’s negligence has brought you pain and suffering, you can seek redress by filing third-party compensation claims.

The first thing you want to do is to establish liability. That is, proving that the person or corporation you are blaming is indeed responsible for your predicament. You have to provide proof of damages you incurred as a result of the incident. Your medical bills and lost wages will form a significant part of your evidence. 

Then the insurance firm will have to pay for your pain and suffering. Let’s look at how an insurer can determine what constitutes genuine pain and suffering. 

“Pain” and “Suffering” Explained

The total injuries that an individual may experience due to an accident are regarded as pain and suffering. This covers physical, mental, and emotional suffering. Pain and suffering include but are not limited to fear, grief, anxiety, and other negative feelings. 

When pain and suffering claims are made, the claimant almost always wins some sort of compensation, sometimes small and at other times significant

How is Pain and Suffering Calculated

Calculating pain and suffering is not an exact science. Personal injury attorneys use either of these two methods:

  1. Multiply the costs incurred by the plaintiff (lost wages, medical bills) by a specific number – anywhere from 1 to 5, considering the injury severity.

If a claimant, for example, spends $5,000 treating a fractured shoulder, the attorney might multiply the figure by four based on what he thinks is the degree of severity. Thus, the conclusion, in this case, will be that $20,000 is reasonable enough compensation for the plaintiff’s pain and suffering. 

  1. An attorney may alternatively employ a per day approach – known in legal circles by the Latin “per diem.” In the method, the insurance company pays a fixed daily amount, for example, $150 each day from when the accident occurred till the victim fully recovers. 

An insurer does not have to use any of these two methods. Some companies opt to use special software that factors in the injury type and the kind of treatment the victim underwent. These companies will consider treatment from a doctor to be deserving of more compensation than one by a massage therapist. They may also consider the time spent in treatment. An insurance firm will refuse to pay if they determine the treatment duration to be excessive. 

How to Prove Pain and Suffering?

What constitutes evidence for pain and suffering can take several forms. Claimants who have more pieces of evidence have a better shot at getting significant compensation. Your proof of pain and suffering could be anything, from photos of the injury to a diary detailing your feelings. Proof of mental health treatment can also strengthen your case. Testimony and documentation from friends and loved one stating how the injury has affected you will also be helpful. 

How to Determine a Fair Offer?

One way to determine whether the insurer has provided a fair offer is by using the multiplier or daily method as described above. You may also want to factor in other circumstances that may change the offered amount. An injury that has permanently scarred you physically, mentally, or emotionally may give you leeway to demand higher compensation. An injury that you’ve fully recovered from may not give much wriggle room. 

If you’ve been the victim of an accident and want to file a compensation claim, you’ll need the services of a personal injury attorney. Valiant Advocates connects you to experienced attorneys in your local area. Our network of legal practitioners covers multiple US states and can connect you to a local attorney ready to help with your claim.

Call our toll-free line now: (800) 910-6668

 

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