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How Is Pain And Suffering Calculated In A Bradenton Auto Accident Case?

In many accident cases, a key component is the claimant’s pain and suffering. When a monetary value is put on this type of harm it can help a client determine the amount of money they might receive from their settlement. In the following information, we will determine:

• How Pain And Suffering Is Defined In An Accident Case In Bradenton
• How Insurance Companies Estimate Pain And Suffering As Part Of Your Settlement
• Evidence That Will Support Your Pain And Suffering Claim

There are two types of pain and suffering that may accompany a claim for bodily injury. The first is for actual physical pain and suffering and the second is for mental anguish. Both these two types of pain and suffering make up part of what is called general damages in an accident case in Bradenton, Florida.

Indicators of pain are typically not seen but a doctor may observe them. These observations might be a limited range of motion of a joint or tenderness to a certain part of the body. These are indicators of pain that a person may be experiencing.

It is difficult to determine the severity of pain that a person may be experiencing. There are many reasons for this. One reason is that every person is different and experiences pain and discomfort at different levels. A level of pain that might send one person to an emergency room might only direct another to look for an over-the-counter pain medication.

With many types of accident injuries, there is a presumption that the injury will be painful. For example, broken bones may require extensive treatment or surgery and even mobilization of the area. Sometimes the break is severe and requires that pins and screws are inserted into the bone. This creates an amount of physical pain and emotional suffering.

What if the injury is not as obvious? Bruises and cuts as well as soft tissue injuries can take many forms but other types of soft tissue injuries may not be as obvious to a nonprofessional. Whiplash injuries and damage to muscles, ligaments, and tendons do not show up on x-rays but can have levels of pain that can be on extreme to a high level on a pain threshold.

In Florida Pain And Suffering In a No-Fault/ PIP Claim

If you live in a state that follows a no-fault car insurance system like Florida, and your car accident injuries don’t meet your states threshold for filing a liability claim against the at-fault driver, then you can not get “pain and suffering” damages as part of your no-fault car insurance claim.

Also, if you file a claim under your own “personal injury protection” or “medical payments” car insurance coverage after a car accident, the insurance company will not compensate you for your pain and suffering only out of pocket (medical bills, lost income and so on) are available for those types of claims.

When Will I Receive My Settlement In Bradenton, Florida?

As part of the insurance claims process, most accident cases settle well before a court trial and may reach a decision without a lawsuit. A settlement can be reached in a matter of weeks but some may take as long as a year or more if the injured party is receiving medical treatment and the full extent of the claims’ value is not clear.

That point is important because it is not always better to end your case faster if your injuries are serious and you are not sure if you will fully heal or your life will be impacted by your injury or not. When it relates to the “pain and suffering” component of your damages it is crucial to wait until there is a full estimation of your losses before you accept the insurance company’s settlement.

How Much Can I Expect To Receive For Pain And Suffering After A Car Accident In Bradenton?

It is important to understand that the insurance company begins an investigation on the analysis of the nature and extent of your medical treatment after your accident. Although there are some exceptions the insurance company assumes:

• Injuries that require more treatment also increase the amount of pain you will suffer
• Injuries that require more time to heal have an increase in the amount of pain and suffering involved.
• These factors affect the value of your injury claim in relation to the insurance adjusters’ process.

It is crucial that you receive medical treatment after an accident due to the fact that the insurance company will not believe you are truly injured if there is no proof. From the insurance company’s position, it will be your word against theirs that you are feeling pain and suffering. That is the most important reason why you need medical attention after a car accident in Bradenton, Florida. Especially, if you consider that car accident injuries do not always show up right away.

If you have a soft tissue injury and you seek treatment for the injury your doctor will listen to you and conduct a physical examination. Even though this is an injury that is not readily observable the doctor will take note that you complained of physical pain symptoms in certain areas of your body. The doctor’s notes will include findings from this physical examination that will attest to your actual condition.

The insurance company will then request these medical records as part of your injury claim evaluation. The fact that you went to a doctor to seek attention for your injury will help provide evidence for the validity of your claim to the insurance company. The same applies to any lost time from work. Most people do not get paid if they do not show up for their job. Therefore, if you missed work as a result of your car accident then this will support your claim that you have experienced pain and suffering following your accident.

Pain And Suffering Damages In An Auto Accident In Bradenton

Every car accident claim is different and the manifestations of pain and suffering in a car accident may include:

• The actual physical pain and suffering caused by the injury
• The physical pain and suffering caused by the medical treatment
• Negative effects of physical pain which include: (sleeplessness, anxiety, and depression

The impact of your injuries which includes the limitations on your life as well as the loss of enjoyment of life and limitations on social/ family life, and the inability to pursue other interests you may enjoy.

Using The Multiplier Method For Calculating Pain And Suffering In An Injury In Bradenton, Florida

The following method is the most common for calculating pain and suffering in an auto accident injury lawsuit. It includes adding up the claimant’s medical bills stemming from the car accident injury and multiplying those by a number between 1.5 on the low end and 4 to 5 on the high end.

The value of the multiplier will depend on the following factors of an accident injury case which includes:

• The severity of the claimant’s injuries
• The claimant’s prospects for a complete and fast recovery
• The impact of the claimant’s injuries on affecting their daily life
• Who was at fault for the accident

When looking at an example of the multiplier method. We will take an example of a person who was injured in a car accident by someone who ran a red light. The claimant suffered a severe concussion, bruised sternum, and minor bruising with medical bills totaling $4,000. The insurance adjuster decides to use a multiplier of 2.5, since the claimant’s injuries were significant but not severe, and complete recovery was achieved in a few weeks. The adjuster multiplies the $ 4,000 in medical bills by a factor of 2.5 due to the severity of the injury and totals $ 10,000 for pain and suffering damages.

The “Per Diem” Method Can Also Be Used To Calculate Pain And Suffering

Using the Per Diem method meaning “per day” in Latin the insurance adjuster assigns a dollar amount to a daily total that the claimant had to deal with the physical and mental effects of the accident and resulting injuries. Coming up with this daily rate is tricky and not conducive to valuing pain and suffering relating to long-term injuries or injuries that might be of a permanent nature.

Evidence Reviewed By The Insurance Related To Your Accident In Bradenton, Florida

When Calculating the value of your pain and suffering, the insurance company will review supporting documentation:

• Medical records or activity which may be restricted by your healthcare provider
• Medical Bills related to your accident
• Mental Health Bills
• Prescription Records (pain management, or for anxiety or depression)
• Photographs of your injuries
• Receipts For Over-the-counter medications
• Documentation from your employer for lost work time
• Journal notes on your car accident, your injuries, your recovery
• Written statements from family or close friends who may have witnessed the impact of your accident or injuries.

When To File A Lawsuit For Pain And Suffering After An Accident In Bradenton, Florida

Many accident injury victims can resolve their cases through the insurance claims process. This might take some time but most often the injured person and the insurance company can reach a settlement that the injured party can live with.

Sometimes you and the insurance company are not seeing eye to eye on important issues ( for example who is to blame for your car accident or the legitimacy of your injuries) or if the insurance company is not negotiating reasonably for compensation related to your pain and suffering and it then makes sense to file a lawsuit in a courtroom. Taking this step will let the insurance adjuster know that you will fight for your rights in a courtroom. You will be surprised by how quickly the insurance company reconsiders its position after they receive the court filing.

Eligibility For Filing A Lawsuit In the State Of Florida

If you are thinking about taking your car accident case to court pay attention to the statute of limitations in the state of Florida. This law sets a time limit on your right to file a lawsuit. In the state of Florida, the statute of limitations for automotive, truck, and motorcycle accident cases is four years after the accident occurred. It is in your best interest to seek professional legal counsel sooner as time can make it difficult to establish liability or summon witnesses.

When you are ready to discuss your legal options after a car accident contact one of our experienced car accident lawyers at the Bradenton office of Goldman Babboni Fernandez Murphy & Walsh to assist you with your case. You can move forward with an experienced legal professional on your side who has the experience necessary to convince insurance companies exactly how your accident injuries have impacted your life and we will help you win your case and focus on your recovery today.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

How Is Pain And Suffering Calculated In A Bradenton Auto Accident Case?

Goldman Babboni Fernandez
Murphy & Walsh

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