How Is Pain & Suffering Determined?
People who have been injured in a car accident or have fallen at work might pursue personal injury claims. When the at-fault party (a business, individual, etc.,) is insured, you can file a third-party claim. This means that you are requesting compensation through an insurance company that is not yours. And it is not uncommon for people to have insurance to cover them if someone else is injured by them or on their property.
If you were in a car accident, for example, and the other person was responsible for the accident, then that person is also responsible/liable for any damages and injuries that occurred. This is why people have liability insurance.
In addition to your medical expenses, you can also receive compensation for your pain and suffering. But unlike medical bills, pain and suffering aren’t as objective. There’s not an amount at the bottom of a bill. So how is it determined?
What Does It Encompass?
Several factors go into evaluating the degree of someone’s pain and suffering. Some are more concrete than others. And this is one reason why an attorney is so valuable when you are seeking damages. They can quantify and defend the claim on your behalf.
Having someone to explain and argue the intangibles such as emotional stress, traumatic stress, and the overall impact that the accident has had on your life, is very important.
Determining A Value
Despite the subjective nature of pain and suffering, there are methods for your attorney to quantify the amount of compensation you deserve. One such method is known as the “multiplier method.” The name originates from the idea that your level of pain and suffering will be X times the amount of the cost of your injuries.
If you broke your arm in the aforementioned car accident, and you incurred $2000 in hospital costs, then your attorney might ask for 1 to 5 times that amount in pain and suffering damages.
Granted, 1 to 5 times is a significant difference. This method for determining a value is a baseline for your attorney. Depending on the severity of your injury and whether it’s a short or long-term injury, your attorney can adjust the amount based on the particular accident and resulting injuries. There is a significant difference between a broken hand and an injury to your spinal cord. This degree and severity will be reflected in the amount of compensation your attorney seeks for pain and suffering.
Law Office of William C. Robinson
If you have sustained a personal injury and are seeking compensation, the Law Office of William C. Robinson can represent you to ensure you receive the full value of your claim. Contact us online to schedule a free consultation, and we can discuss how the law can work for you.
