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What is classified as pain and suffering in a personal injury case

How do Pain and suffering get calculated? How does an insurance company calculate pain and suffering? Let’s look at some of the common types of pain and suffering. This article is intended to give you an overview of pain and suffering in an injury case.

Emotional or Mental Injuries

Emotional or mental Injuries can be debilitating. Such injuries are called psychological injuries and may manifest as humiliation, depression, anxiety, or thoughts of self-harm. These injuries can also lead to physical ailments, including fatigue, weight fluctuations, and sleep problems.

Emotional or mental injuries may include:

  • Apprehension
  • Grief
  • Nervousness
  • Fright
  • Terror
  • Fear
  • Worry

The physical pain a person feels is usually easily identifiable, but emotional discomfort is not. A person can suffer from headaches, depression, and cognitive impairments after an accident. Emotional distress is often hard to quantify, so it is essential to seek professional medical attention. Often, the more time it takes for a person to recover from these effects, the more credible the case. Mental pain can last for days or even weeks.

How is Pain and Suffering Calculated?

To calculate pain and suffering in an injury case, add up your economic damages and multiply them by one to five. The multiplier depends on how severe your injury is and how long you had to seek medical care.

There are several different ways to calculate this element of an injury case, and each method has its unique set of variables. For instance, pain and suffering damages are multiplied by the amount of medical expenses the plaintiff incurred. If you had medical bills totaling $50,000, then pain and suffering damages would total $150,000, which would translate to an award of $200,000, assuming no repercussions.

The multiplier method is one common way to calculate pain and suffering. This method assumes that the economic cost of pain and suffering is at least 1.5 times the value of the pain and suffering suffered by the injured person. The claimant’s attorney may negotiate a multiplier between 1.5 and five. The higher the multiplier, the more pain and suffering the plaintiff will receive. However, the multiplier is not always accurate and may lead to misleading results.

How do Insurance Companies Calculate Pain and Suffering?

Some insurance companies use a computer program to calculate how much settlement a plaintiff will receive. However, many insurance companies try to deny, delay, or lowball injured victims. Moreover, insurance adjusters will often try to avoid paying pain and suffering costs to accident victims. They often state that victims should only be paid for their economic damages and not for pain and suffering damages.

How Can You Claim Pain and Suffering?

Injuries can be devastating, and even a car accident can leave you in a lot of pain. Invisible injuries are just as real as physical ones, affecting your life in various ways. When you are in a car accident, the pain and suffering caused by the accident may even be more than the actual injury itself.

In an injury case, the amount you can claim for pain and suffering depends on the severity of your injuries. Photographs and video diaries can provide evidence of the pain you experienced. You could ask for a higher pain and suffering payout if your injuries led to severe nerve damage. An attorney will be able to document these effects to maximize compensation.

Contact a Car Accident Attorney

There is a statute of limitations for claiming pain and suffering in an injury case. The statute of limitations is two years from the date of the accident. The insurance company will contact you to open a claim. An adjuster will be assigned to your case and attempt to determine the extent of the damages to your vehicle. The more time you delay medical treatment, the greater the chance that the insurance company will contest your claim.

If you’ve been injured in a car accident, get medical attention as soon as possible. Take pictures of your injuries and the other driver’s car and license plate. You’ll also need a medical evaluation. The driver’s insurance policy that caused the accident must cover any injuries incurred. Additionally, you may be entitled to damages from the liability insurance policy of the other party. You should contact a car accident attorney so that the insurance company does not take advantage of you. An attorney can also maximize your compensation.

The post What is classified as pain and suffering in a personal injury case appeared first on Find US Lawyers.



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