Calculating Pain and Suffering
Getting injured in an accident can have a serious impact on all aspects of your life. If the accident was the result of the negligence or recklessness of another party, you may be entitled to monetary compensation. Compensation in a personal injury claim is generally categorized as special and general damages. Special damages consist of economic damages that can be proven with a bill or receipt, such as medical bills. General damages consist of noneconomic damages such as pain and suffering.
What Is Pain and Suffering?
Pain and suffering is defined as any physical, emotional or physical pain you endured as a result of your injuries from an accident. If the accident was caused by the negligence or recklessness of another party, you deserve to be compensated for your pain and suffering. Although pain and suffering differs in each case, there are several factors that remain consistent, such as:
- The severity of the injury
- Length of treatment period
- Whether the injury is permanent – such as a scar, stiffness, or loss of mobility
- Physical or emotional distress resulting from the injury
- Impact of injury on your daily life
How to Calculate Pain and Suffering
Pain and suffering is typically calculated in three different ways:
1. Using a multiplier: When using a multiplier, all of your expenses, including medical bills, out of pocket expenses and loss of wages, will be considered. The insurance adjuster or your Los Angeles accident attorney will then multiply the final number by a factor, depending the specific facts of your case. The final number will be the payout you will receive for your pain and suffering.
2. A per-day calculation: Some insurance carriers instruct their adjusters to calculate pain and suffering based on how long the recovery period is expected to be. As such, they have a specific dollar amount that they issue per day. They then multiply this amount by the number of days it will take for you to fully recover.
3. Based on fault: One major factor in determining pain and suffering is who was at fault for the accident. If you were even a little bit at fault for having caused the accident, the insurance carrier will deduct that amount from your payout.
Regardless of what met method is used to calculate pain and suffering, the most important thing is for you to properly document your pain and suffering with actual evidence.
Consult with a Los Angeles Car Accident Attorney
If you or a loved one has been injured in a motor vehicle collision that was caused by the negligent or reckless act of a third party, you may be entitled to monetary compensation. For more information or to schedule a free consultation with an experienced Los Angeles car accident attorney, call the Law Offices of Samer Habbas today at 888.848.5084.