The trickiest part of claiming compensation for pain and suffering relates to the calculation of its monetary value.
With road accidents being more common than ever, victims are now conscious of their rights. A majority of them file claims for compensation under personal injury law. Fortunately, a large number of cases work in the favor of car crash victims. But, some cases can get more complicated than others. One aspect that is hard to understand is the assessment of pain and suffering damages. While these may be hard to quantify, you still deserve them in addition to the general expenses after the accident if you have suffered immensely. Let us clarify some key facts about the value of pain and suffering in car accident cases.
Understanding the definition of pain and suffering damages
Essentially, pain and suffering damages cover the physical, mental, and emotional stress that the victim experiences because of the injuries sustained in the accident. Physical trauma is related to the actual injuries and encompasses the pain caused by treatments, therapies, and surgeries. Conversely, mental anguish and emotional suffering are the by-products of the physical injuries. They can be just as severe and you deserve compensation for them as well. When you file a claim for pain and suffering, you get these damages in addition to the medical costs, injury-related expenses, and lost wages.
Validity of the claim for pain and suffering
If you want to secure damages for pain and suffering that you may have experienced in a car accident, there must be a valid claim in the first place. It is best to have your case assessed by a leading personal injury attorney in Jackson Mississippi to help determine the validity of the claim and handle the proceedings as well. As a rule, these pains must be associated with the original injury. Additionally, the injury must be caused by someone’s negligence rather than your fault, as it typically happens in personal injury cases.
Calculation of monetary value of the anguish
The trickiest part of claiming compensation for pain and suffering relates to the calculation of its monetary value. Obviously, it is tough to argue over and prove the validity and cost of something intangible like pain and suffering. There is no one-size-fits-all method to calculate a fair and reasonable settlement, but attorneys and insurance companies generally use the following methods for the assessment:
- Multiplier method which multiplies the actual damages by a number, normally ranging from 1 or more. The multiplier value is proportionate to the severity the injury, the higher the multiplier value, the worse the injury.
- The Per Diem approach uses a daily calculator to assess the value of damages and compensate the victim on a per-day basis from the time of accident to recovery.
Though these are the popular methods, attorneys and insurance companies may rely on other methods of calculation as well.
Whichever method the insurance company uses to assess your claim, your focus should be only on getting compensated for the problems you have gone through. Seeking the services of a seasoned lawyer makes sense because they make sure that you are not taken for a ride.