If you are injured because of someone else’s negligence or careless action, you have the right to seek monetary compensation for the injuries you have suffered. In order to receive compensation for pain and suffering, you will file a third party claim with the at-fault party’s insurance company.
Once you have established that the person is responsible for the injuries you have suffered, you will also have to provide evidence of your losses. In many cases, it is beneficial to have a personal injury attorney helping you with this process, since it can be difficult and complex.
Once you have presented the necessary evidence, the insurance company should offer you a settlement that covers your medical expenses, in addition to any lost wages. You may also receive compensation for pain and suffering. However, since this is a subjective matter, it is a good idea to get to know how the insurance company determines how much should be given.
Pain and Suffering – What does it Entail?
Pain and suffering is the legal term that encompasses a number of injuries a person may suffer because of an accident. Not only does it include physical pain, but also mental and emotional injuries, such as inconvenience, worry, grief, insomnia, fear and even your loss of enjoyment of life.
In virtually all injury cases, the plaintiff should have the ability to recover some amount of pain and suffering.
Calculating Pain and Suffering Damages
There is no rule related to how insurance companies can calculate pain and suffering. The first method involves multiplying the actual damages of the injured party (lost wages and medical bills) by a specific number, which is usually between one and five. This number is based on the severity of the injury.
Another method of determining a monetary value for pain and suffering is by using per diem, which means the “per day” approach. Using this approach a certain amount is assigned to each day from the day that the accident occurred until the plaintiff received the final settlement.
Keep in mind, the method that the insurance company uses may be completely different than what is mentioned here. This is why it is best to use the services of an attorney to know what your case may be worth and to have someone on your side fighting to ensure you receive a fair settlement amount.
Hiring a Lawyer for Help with Your Personal Injury Claim
If you have suffered an injury because of the fault of another person, then it is best to hire a lawyer. They can review the facts of your case and help you get a settlement that will help you return a sense of normalcy to your life.