After being involved in a car accident, the majority of victims choose to sue the parties responsible for the accident to be compensated for the losses incurred. You are entitled by law to have various types of monetary compensation, including both economic and non-economic damages. Here, we are going to discuss pain and suffering, the non-economic part of damages incurred in many personal injury cases, and how to ensure that you receive a fair evaluation of your pain and suffering. The most important question asked is “How much is pain and suffering worth?” The short answer is that it depends on a variety of factors, including your jurisdiction, what the medical records say, and what objective evidence you can present to a jury to show the pain and suffering. Pain and suffering is subjective, as no one, but the injured person can really know what it feels like. But with the help of a qualified personal injury lawyer, you can present the best evidence to show the jury what your pain and suffering is worth, which may be greater than the medical bills themselves.
Pain and suffering refers to any form of physical, emotional or psychological damage that one is subjected to especially after an accident. These forms include:
You have the right to claim the all of the above as damages in a personal injury lawsuit. However, these factors cannot be easily quantified into monetary terms, as there are no scientific calculations to determine their value. The insurance company will also calculate the value of these damages, and more than likely, they will not value them very highly because they are harder to prove. As you may have already witnessed, many insurance companies do not make it easy for the injured to be fairly compensated for their injuries. Sadly, many personal injury victims do not receive what has unjustly been taken from them. Insurance companies and their adjusters work for the benefit of the company, and the less they pay claimants, the more profitable the company is. For this reason, it is always advisable to have a seasoned personal injury lawyer who has a proven track record of proving pain and suffering. This is what our lawyers at Lone Star Injury Attorneys are known for.
There are no exact formulas used by the judges/juries to determine the value of your pain and suffering. Juries often make judgments based on the evidence presented and the calculation methods the lawyers present (if any). However, the insurance companies often do use formulas to derive the exact value of your pain and suffering claims. The major ones are:
This method takes the total cost of the economic damages such as medical costs and lost wages, and multiplying that total number by a variable. This variable may be as low as zero or higher, maybe two or three. For example, if the total value of your economic damages is $20,000, and the variable used is .5, you will be entitled to a non-economic damage compensation worth $15,000. These variable value is dependent on a wide array of factors including:
This method applies a daily value of pain and multiplies this number by the number of days the injured was in pain. In such a case, if the total daily rate is $100, and the plaintiff suffered for 20 days, then the total amount to be awarded will be $2,000. However, these rates are not very favorable for insurance companies, as the value would be very high if the injuries sustained are long term. This would require the insurance company to pay much more than they would like.
In some instances, the insurance adjusters may use a combination of the Per Diem and Multiplier methods. A modest daily rate may be used and added to a percentage of the economic damages. For most insurance companies, complicated algorithms determine the amount that the insurance company will offer. It is difficult to quantify the total damages suffered, especially when the victim endures significant pain and suffering. That is why it is highly advisable that you work closely with an experienced personal injury lawyer. At Lone Star Injury Attorneys, we are committed to serving your best interests, and we have the best legal minds at your disposal. Call us today for a free evaluation of your pain and suffering.