Whenever you are involved in any car accident and get injured, expenses can go deeper than hospital bills and auto repairs. Pain and suffering is one of the most difficult items to quantify. These are the mental and physical sufferings that you go through during and after the recovery period- and they may go a long way towards determining your compensation. An experienced Topeka car accident lawyer understands how to estimate and prove these damages to be able to have you duly rewarded.
In the following, we discuss the process involved in calculating the elements of pain and suffering as well as the importance of hiring a professional attorney in doing so.
What are Pain and suffering Damages?
The damages on pain and suffering fall under non-economic damages. Contrary to economic damages, such as hospital bills or loss of wages, these are an accounting of the personal effects that the accident has had in your life.
They may include:
- Physical punishments and sufferings
- Emotional distresses, anxiety, or depression
- PTSD or trauma
- Cessation of enjoyment of life
- Social or interpersonal difficulty or impairment
These factors are subjective; hence it is not always easy to calculate them.
Run-of-the-Mill Tactics of the Lawyers
Although there is no general recipe, seasoned lawyers use a number of accepted means to calculate pain and suffering:
- The Multiplier Method
This is the one of the most frequently taken approaches. The amount of damages caused to the economy as a whole (e.g. medical cost and wages) is also multiplied with a figure, which is normally between 1.5 and 5, according to the severity of wounds and its long-term consequences.
For example:
Assume your total economic losses are twenty thousand dollars and your injury is moderate-severe, then your pain, and suffering may be computed as follows:
20,000 x 3 = 60,000 non-economic damages
- The Per Diem Method
In this method, your estimated number of dollars per day as the value of your pain and suffering is multiplied by the amount of days you suffer.
For example:
Assuming that your daily suffering is worth 200 dollars, and the duration of your symptoms, (180 days), calculation would give:
200 x 180= 36,000
The calculation of per diem value by lawyers depends upon the aspects such as your salary, way of living, and the way your quality of life has improved.
Influencing Factors to the Calculation
Other factors influencing will also come into the play of a seasoned car accident lawyer such as;
- The nature and extent of harm
- Recovery time duration
- Long term or permanent disabilities
- Statements by witnesses and medical records
- Mental tests
The Importance of Legal Representation
Insurance companies are usually attempting to reduce non-economic damage. Representing yourself, you may receive less than you should only in case you do not have an attorney. A lawyer will collect supportive materials, collaborate with medical professionals, and deploy scientific legal tactics to prove your case.
With the help of the qualified car accident lawyer, one can receive a knowledgeable legal support that has the knowledge of how to quantify the unquantifiable- and get your pain to be seen on paper.
Final Thoughts
Suffering and pain are nonphysical, even though it is difficult to quantify it. Be it physical or emotional trauma or a combination of both do not undermine these damages. When you are properly supported in court, you will be able to achieve a fair settlement of what can actually be what you have gone through.
