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How Are Pain And Suffering Calculated In Personal Injury Claims?

When you are involved in an accident, you will suffer several losses. You will have to pay for the medical bills, you may lose your income, and have substantial pain and suffering. When someone else causes the accident, you can file a claim against them and recover financial losses. The compensation includes economic and non-economic damages. It is essential to consult a personal injury attorney beforehand so that you receive maximum compensation.

How are pain and suffering calculated in personal injury claims?

The damages you incur are meant to compensate for the physical and mental pain caused by injuries. There are two types of pain and suffering which are mentioned below.

Physical pain

The injuries you get during an accident are painful. If your bones are broken, you may have to undergo surgery with longer recovery times to correct the problem. If you suffer injuries to the head, you may get excruciating headaches from time to time. The pain and suffering from physical damage, as well as the pain you feel in the future, will be compensated.

Mental pain

The mental anguish you experience after the accident is a by-product of the physical pain; therefore, you can include them in your claim. For instance, if you are an athlete and broke your leg bones in an accident, you will no longer play the sport you loved. This can result in anxiety and depression, which is the mental pain you deserve compensation for.

  • Multiplier method

There are different ways by which pain and suffering damages are calculated, but the most commonly used is the multiplier method. In this method, the total economic value is calculated first. Economic damages have a dollar value, such as lost income and medical expenses. Once the damages are calculated, they are multiplied by any number between 1.5 and 4. The number depends upon the severity of the injuries.

  • Per diem method

Another way to determine pain and suffering damages is by assigning a dollar value per day to the pain experienced by the accident victim. However, this method is less often used by insurance companies.

If you have decided to seek compensation for the losses you suffered in a car accident, remember that there is limited time for filing a lawsuit. Every state has a statute of limitations for lawsuits in civil court. It is best to consult with a personal injury lawyer to ensure that you do not miss out on any opportunity to pursue compensation by neglecting any critical deadlines.  

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