Calculating Pain and Suffering as Part of Your Accident Claim
When you are injured in an accident caused by another party’s negligent or reckless actions, you are entitled to compensation. There are many different factors that need to be considered to determine the amount of compensation you deserve. One factor is pain and suffering.
Types of Damages
When you are injured as a result of someone else’s negligence, you can seek both economic and non-economic damages. Economic damages in a personal injury lawsuit are the real, actual financial losses that you have incurred as a result of your injuries. In other words, they include all monetary losses that you sustain because of the accident. Economic damages include:
• Medical bills
• Lost wages
• Loss of future earning capacity
• Property damage
Non-economic damages are more challenging to prove and calculate. This type of damage is subjective in value and reflects damage done to your quality of life as a result of the accident. Non-economic damages include:
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
What Are Damages for Pain and Suffering
Pain and suffering is the legal term for the physical and emotional distress caused from an accident and includes what you may endure down the road. Some damages that might be included as pain and suffering would be:
• Temporary and permanent limitations on your activities
• Potential shortening of life
Calculating Pain and Suffering
There is no hard and fast rule for how insurance carriers must calculate pain and suffering as part of a personal injury claim. However, as a baseline, there are two general methods that are used to calculate pain and suffering damages:
1. Multiplier method: This method uses the total economic damages as a base figure. A multiplier is then used to calculate pain and suffering. For example, if you have $10,000 in economic damages and a multiplier of “3” is used for your pain and suffering, your pain and suffering would be valued at $30,000.
2. Per Diem method: This method assigns a dollar amount for each day until you have fully recovered from the injuries you suffered in the collision. For example, if a per diem amount of $100 is selected and it took you 100 days to reach your maximum medical improvement, then your pain and suffering damages would be valued at $10,000.
Call an Experienced Los Angeles Car Accident Injury Attorney Now!
If you or a loved was injured in a car accident caused by the negligence of another party, you may be entitled to compensation. You should immediately consult with an experienced car accident attorney to help protect your rights and get you the full compensation that you deserve.
For more information or to schedule a complimentary consultation with a lawyer, please call the Law Offices of Samer Habbas at (888) 848-508.