How Are Pain and Suffering Calculated After a Davie Car Crash?
April 1, 2019
Compensation for pain and suffering is the most widespread type of compensation individuals seek after an injury accident. While there’s a common notion that the term “pain and suffering” is anything that isn’t a physical medical injury, this idea is an exaggeration – those wishing to collect redress for pain and suffering will have to meet specific requirements.
Pain and suffering can help a victim recover from physical and mental or emotional injuries. Often, the compensation addresses mental anguish, inconvenience, or loss of life enjoyment due to medical ailments. Like most states, there’s also a clause in Florida personal injury law that helps families recover after the sudden death of a loved one in an accident that wasn’t their fault.
Insurance companies have their way of calculating damages when it comes to pain and suffering. You can claim losses that are economic and non-economic, but the latter is harder to prove. Economic costs include anything you can provide a receipt for, like a medical or mechanic bill. The non-economic damages are harder to prove to an insurer.
What Is Considered when Calculating a Settlement Demand
It can be tricky when it comes to calculating a plaintiff’s settlement demand with pain and suffering included in the injury claim. There is a fundamental means of calculating the total amount, which involves multiplying actual costs pertaining to medical bills. Categories include:
These are known as special damages while pain and suffering fall under the category of general damages. Overall, pain and suffering is divided into two groups, which include the following:
Current pain and suffering: The pain the individual is currently going through while undergoing medical treatment and therapy. This eventually ends, which means its duration can be determined.
Current and future pain and suffering: This pain and suffering is unknown in span and includes what the individual experiences from the time of the injury into their treatment and further into the future.
If a person’s pain and suffering is limited up until the completion of their treatment, the settlement is lower. If it continues and its duration is unknown, the settlement demand will be higher. No matter what category, the plaintiff or their attorney is required to convince an insurance adjuster that the pain and suffering has drastically negatively impacted their life.
Using the Multiplier Method to Calculate Pain and Suffering
Lawyers and insurance adjusters can use the multiplier method to determine a settlement. This involves taking the special damages amount and multiplying it by one to five times or even higher in particularly severe cases. The multiple numbers are raised or lowered depending on the specific type of pain, its severity and duration, and the person’s persuasive abilities.
Contact a Hollywood Auto Accident Lawyer
For the most accurate estimation of your case’s worth, call the law offices of McCullough & Leboff , or fill out our contact form. Our car accident attorneys in Hollywood have 48 years of experience successfully litigating car accident claims and can help you obtain the compensation you need at this difficult time.
Frequently Asked Questions About Pain and Suffering After a Car Crash
How is pain and suffering calculated after a car crash?
Pain and suffering falls under the category of general damages that can be divided into two groups:
Current pain and suffering: The pain an individual has experienced that eventually ends when treatment completes
Current and future pain and suffering: The pain an individual can experience for an unknown length of time into the future.
Lawyers must demonstrate that pain and suffering has drastically negatively impacted the injured person’s life. In determining pain and suffering amount for a settlement, the full amount of special damages is multiplied by one to five times (sometimes higher) depending on the extent of injuries. That total is raised or lowered depending on the specific type of pain, its severity, and duration.
What is considered pain and suffering in a car accident?
Pain and suffering damages can help a victim recover from physical and mental or emotional injuries. Often, the compensation addresses mental anguish, inconvenience, or loss of life enjoyment due to medical ailments.
How do insurance companies calculate pain and suffering?
Insurance adjusters can use the multiplier method to determine a settlement. This involves taking the special damages amount and multiplying it by one to five times or even higher in particularly severe cases. Insurance companies have their way of calculating damages when it comes to pain and suffering. You can claim losses that are economic and non-economic, but the latter is harder to prove.