How Are Pain And Suffering Damages Calculated?
After an accident, there are a lot of damages to calculate. Most of these damages are tangible such as medical expenses, lost wages, and lost benefits. However, it is not only tangible damages that occur as the result of an accident. There are also intangible damages that cannot simply be calculated based on invoices and bills. One of these intangible benefits is called pain and suffering. Although not a type of financial damage, pain, and suffering can significantly negatively impact your life.
What Is Pain And Suffering?
Pain and suffering is a legal term used to describe both the physical pain and the emotional suffering caused by an accident. It is considered a “general damage.” Physical pain includes aches, soreness, and limitations on your activity as a result of the pain you're experiencing from your injuries. Emotional suffering is the depression, sorrow, and emotional trauma you experience as the result of your injuries.
Do I Qualify For Pain And Suffering Damages?
If you have been severely injured you likely qualify for pain and suffering damages. Examples of injuries that often have pain and suffering are back injuries, neck injuries, broken bones, organ damage, nerve damage, headaches, muscle damage, joint damage, and paralysis. Other types of symptoms that are covered under pain and suffering are depression, insomnia, post-traumatic stress disorder, anxiety, grief, and cognitive changes from injuries such as traumatic brain injury. all of these dramatically impact your life in a very negative way and thus should be compensated.
How Is Pain And Suffering Calculated?
Since pain and suffering are not tangible damages such as the cost of medical care, it can be a bit challenging to understand how much compensation you will receive. There are two basic ways that pain and suffering is calculated. The first is by using a daily rate. A daily rate is calculated by setting a rate for each day that you've had to live with pain and suffering adding that up and asking for that as part of the compensation. The second way is by multiplying your special damages. This is essentially a calculation that uses many different factors surrounding your injury from the type of injury to be an impact on your life to the time required for recovery, to determine a value. Which method your attorney uses to calculate your pain and suffering depends entirely on several different factors unique to each case.
Do Insurance Companies Really Pay For Pain And Suffering Damages?
The sad fact is that insurance companies go out of their way to avoid paying for any legitimate claim whether or not it is tangible or intangible. The best way to ensure that your insurance company will pay for the damages you have incurred from your accident including your pain and suffering is to hire a personal injury attorney. Not only will a personal injury attorney calculate the true damages of your accident including the intangibles like pain and suffering, they understand the law and know what you are legally owed by the insurance companies. They will then fight the insurance companies to get you the full and fair compensation you have a right to after an accident.
To learn more about pain and suffering and the other types of Damages you may qualify for after your accident, call the team that Justice Pays at 1-833-954-1234. we will review your case for free and if you decide to hire us we will make sure that every damage that you have incurred will be included in your final settlement. We will fight against the insurance companies who are trying to get out of paying you while protecting your legal rights.