How Are Pain and Suffering Damages Calculated?
There is no way that you can be completely compensated for your pain and suffering damages. The emotional and physical strain you go through due to the mistake of someone else is impossible to calculate. However, while taking the time to recover, you can claim compensation for pain and all the losses to manage your expenses.
There are different ways that insurance companies calculate your damages. Most of them may seem like they want to help, but in reality, they are working to maximize their profits. Without adequate information on what you are owed, insurance can offer you minimum compensation or, worse, deny your claim. With a personal injury accident lawyer, you can maximize your compensation through proper consultation. Not only will you be able to get a consultation for free, but you will have someone that can negotiate on your behalf to maximize your compensation. And if the situation demands it, an attorney can file a personal injury lawsuit on your behalf.
Pain and suffering caused due to accidents
Accidents are always tough to process and create a major change in your lifestyle. The repercussions of accidents and personal injury vary from person to person and are tough to overcome. For the fortunate few, the physical suffering is limited to a few cuts and bruised. Unfortunately, not every victim is as lucky. You can be left with severe burns, permanent scars, broken bones, and physiological problems.
You should call a personal injury attorney as soon as possible to get started on your case and get the compensation you deserve. The consultation is usually free, and they will be able to tell you if you have a case worth pursuing. If you were not at fault, then you may be eligible for punitive damages in addition to any medical bills or lost wages.
How are pain and suffering damages calculated?
Accidental and personal injury cases vary, which is why there is no fixed method to calculate pain and suffering damages. However, there are methods that are commonly used in such cases to calculate damages. These methods remain the same in most cases. However, they are tweaked according to each case.
The Daily Rate/Per Diem method
Insurance companies use this method to calculate pain and suffering. Also popularly known as the ‘Per Diem’ method, it follows the concept of asking for a specific amount as compensation. The calculations work by deciding a daily rate and multiplying it by the days a victim has had to live with the pain and suffering.
The usual practice is to multiply what a victim earns daily and multiply it by the number of days they cannot work. A personal injury accident lawyer can then access data related to similar cases and come up with a number to put forward as compensation. However, in most cases, this method falls apart for injuries that have been sustained for longer periods or have permanently altered the lifestyle of the victim.
Multiplying Specials
The more common way to come up with a number for compensation is through multiple specials. This method is split up into two different steps.
The first step is to decide on an amount that will be used as your special damages. This includes any amount that you have paid in hospitals and any that you are forecasted to pay in the future. This amount can also include additional costs that you have spent on treatment or medication.
The next step is to understand what number is most suitable to multiply your specials with. In the case of serious injuries or permanent injuries,your multiplier will be higher and vice versa. This is where you can really use the help of a Houston, personal injury attorney.
Many factors are at play when deciding the multiplier digit, which is between 1 and 5, 1 being minimum injuries and 5 being the most. The debate at hand is to decide the multiplying factor. A good attorney can help you build a strong case that can get you maximum compensation. The severity of the injuries will dictate the factor used to multiply your total economic damages.
Jury Discretion
in the event that the claim is not settled outside courts, a jury is presented with the facts of the case. The jury then takes multiple factors into account, such as life expectancy and severity of the injuries.
Once the case is presented to a jury, it is up to them to decide what amount, if any, should be awarded for pain and suffering damages.
Instances where you may be eligible for compensation
There are various types of accidents that can allow you to claim pain and suffering damages.
Motorcycle Accident
In the case that you were not at fault in a motorcycle accident, you can be eligible for a claim. Your claim can include pain and suffering damages along with motorbike damages.
Car Accident
In the case that you are involved in an accident due to driver negligence, you can claim damages. You areeligible to claim compensation for pain and suffering that are permanent or that render you to change your lifestyle.
18 Wheeler Truck Accident
In the case that your car or bike is involved in an 18-wheeler truck accident, you are eligible for compensation.
Pedestrian Accidents
In the case you are involved in a road accident due to a car or any other vehicle, you can file for compensation depending on your injuries sustained.
Personal Injury Accident
If you have been a victim due to negligence of someone else, you can file for personal injury compensation.
Slip and Trip Accident
If you have sustained injuries on someone else’s property, you can see if you are eligible for compensation. This can involve pain and suffering claims if you have sustained major injuries that have caused you to take time off from work.
Why Houston’s Personal Injury Attorney is your best bet?
With the best lawyers in Texas, you can ensure that you have someone to back you up. You will have the right people to guide you that can help claim pain and suffering damages according to injuries that you have sustained. An attorney can help you compile necessary documentation along with how you should assess your injury claim. You can make the best case to claim your insurance for the time that you are affected.