Table of Contents
- So How is Pain Determined?
- The Importance of Keeping Track of All Medical Records and Expenses
- Getting Help for Your Pain and Suffering
When you are involved in a personal injury accident, whether it be a car accident, truck accident, slip and fall injury, or any other type, one of the factors that determine a settlement amount is called “Pain and Suffering.”
Pain and Suffering” includes a summation of the amount of physical and emotional damage caused by the injury, and attempts to assign a dollar value to that damage.
To determine an amount when it comes to “Pain and Suffering,” there are many different factors that must be taken into consideration.
One of the main factors that help adjusters reach an amount of compensation for pain and suffering is the extent of the injury.
Although everyone experiences pain differently, using the amount of pain caused by similar injuries can help.
Related Post: Why Didn’t the Personal Injury Lawyer Take My Case?
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So How is Pain Determined?
Pain is also determined by medical doctors asking the victims themselves. This is usually done by asking them to describe their pain on a scale from 1-to-10.
Depending on the severity of the physical pain caused by the injury sustained during the accident, adjusters try and determine a monetary value.
To determine a value, they will use a multiplier, usually between 1 and 5, that will be multiplied by the value of what is referred to as “Special Damages.”
Special Damages include:
- Out-of-Pocket Expenses
- Medical Bills
- Lost Wages
Besides the physical toll that car accident victims commonly go through, there is also an emotional one, which also deserves compensation.
A car accident or other type of personal injury accident can leave the victim with emotional scars that can last for a long time.
When a person goes through a traumatizing experience, they can experience many different types of psychological disorders.
Common Conditions Accident Victims Experience
- Depression – a mental disorder where a person experiences a depressed mood and loss of interest in once enjoyable activities, interfering with daily life.
- Anxiety – strong feelings of fear, anxiousness, and worry that interfere with a person’s ability to accomplish simple daily activities.
- Post Traumatic Stress Disorder – a condition where the victim of an accident is
unable to recover mentally and experiences anxiety and flashbacks to the accident. - Insomnia – a condition where the victim is unable to fall asleep or stay asleep for a normal amount of time.
- Loss of Consortium – diminishing in personal relationships due to the trauma caused by the personal injury accident.
When it comes to determining a value for mental damages after a personal injury accident, adjusters face a more difficult task.
The Importance of Keeping Track of All Medical Records and Expenses
That is one of the reasons why keeping track of records and expenses after an accident are so important.
Everything that is tangible that you can keep a record of can be included in your lawsuit.
Keeping records of all of your medical bills, receipts for out-of-pocket expenses, and anything else that lists an actual dollar amount.
Once you have a number from all of the tangible expenses you incurred as a result of your personal injury accident, you can then add them to the amount that you and your attorney have agreed upon as being a fair amount to you.
Once you have this total amount, you may then use the multiplier scale to settle on a final amount to include in your demand letter to the at-fault party’s insurance company.
Remember, the multiplier that you should use should be chosen based upon the amount of pain and suffering that you have gone through because of the ordeal.
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Getting Help for Your Pain and Suffering
Being the victim of a personal injury accident can have a tremendous impact on your life.
You may struggle through debilitating physical injuries, as well as emotional scars that last for years after the accident.
Having an attorney who has experience helping the victims of accidents is crucial to getting a fair settlement that includes damages for all of your pain and suffering.
If you have been in an accident and would like to speak with an experienced personal injury attorney, click on the link below to schedule a free consultation with one of our lawyers.
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