- January 8, 2019
- In insurance
When you are injured in an accident that was caused by the reckless or negligent actions of another party, you may be entitled to compensation from the liable party’s insurance company. In order to get the monetary damages which you deserve, you need to file a claim against the at fault party. An Orange County personal injury attorney can help you maximize your claim.
Once you have filed your claim, your attorney will need to prove that the other party is responsible for your injuries. You will then need to present evidence of the damage you incurred as a result of the accident. You may be entitled, amongst other things, for your past and future medical expenses, loss of wages and pain and suffering. While it may be relatively easy to determine the first two types of damages, valuing pain and suffering is more complicated.
What Is Pain and Suffering?
The term “pain and suffering” is used to describe compensable damages for physical pain or mental anguish that results from a personal injury. Mental anguish includes emotional and mental distress. Pain and suffering includes not only physical injuries, but also emotional and mental injuries, such as fear, grief, worry, loss of consortium, and inconvenience.
In some cases, pain and suffering damages are very small, while in other cases the victim may be awarded a much larger amount. The actual monetary value depends on different factors, including how the insurance adjuster calculates your pain and suffering.
Calculating Pain and Suffering
There is no hard and fast formula or rule for calculating pain and suffering. Because there is no fixed monetary standard, you must be able to accurately describe the frequency, severity and duration of your pain. You need to also be able to describe the severity, frequency, and length of time of these symptoms. Compensation for your emotional distress must also be documented in order to prove to the insurance adjuster or jury that you are entitled to pain and suffering.
Although plaintiff’s attorneys are trained to use one of two methods for calculating pain and suffering (multiplier method and per diem method), insurance adjusters are under no obligation to use either method.
Most insurance companies use computer programs in calculating pain and suffering. These programs factor different variables such as the type of injury you have suffered and the type of treatment you sought for your injuries.
If you or a loved one has been injured in an accident caused by a negligent party, you may be entitled to compensation. To ensure you get the full money damages you deserve, you need to consult with and hire an Orange County motorcycle accident attorney.
For more information or to schedule a complimentary consultation with an Orange County motorcycle accident lawyer, please call the Law Offices of Samer Habbas at (888) 848-5084.