January 21, 2022 | Firm News
When you are talking with an insurance company about a financial settlement after an accident or injury, you will be looking to be compensated for your medical expenses and lost wages. Part of your settlement agreement could include pain and suffering. However, most insurance providers will rarely offer compensation comparable to your actual physical and mental pain. One reason for this is because an average person does not realize the value of their claim. Our experienced Hallandale Beach personal injury lawyers at South Florida Law, PLLC help injured victims negotiate with insurance companies or file claims in court.
Individuals who are injured because of another party’s negligent conduct are often able to seek financial compensation through a settlement agreement or personal injury lawsuit. This compensation typically includes the cost of medical treatment, physical therapy, and lost income. In addition to the monetary losses, a person is could also be compensated for their pain and suffering, also known as non-economic damages.
Non-economic damages are the physical pain and mental anguish caused by an injury. These subjective damages encompass a wide range of harm, including the pain associated with a head injury, the sustained discomfort from a hurt back, or the anxiety someone experiences after a devastating car accident.
Pain and suffering, as stated above, are subjective – there is no collection of bills or receipts an injured victim could show an insurance company. When calculating these damages, an insurance company is unlikely going to value your suffering in your favor. This especially the case if you do not know the value of your claim or your case’s legal strength. Before agreeing to any offer from an insurance provider, you should speak with a skilled Ft. Lauderdale personal injury lawyer.
As seen above, pain and suffering settlements will depend on several factors.
For example, someone could suffer a concussion and whiplash in a car accident. These injuries could prevent the victim from exercising as they could have before the accident. The inability to exercise means that they will be unable to compete in the marathon they had been training for all year. This individual, in addition to their physical pain, could experience depression and frustration.
Some accident victims are left with visible scars. If a person is permanently scarred on their face because of a car accident, it could lead to feelings of humiliation, embarrassment, and emotional distress.
The impact of an injury could have other devastating effects. A person who was hurt because of another’s negligence might not be able to return to the job they loved. While there are undoubtedly financial losses associated with this, there is also the mental anguish of no longer being able to do something they loved. Our Miami personal injury lawyers can help you better understand pain and suffering
When determining a figure for pain and suffering, there is no exact formula an insurance company must follow. However, there are two common methods used to calculate pain and suffering damages.
The first method is to take the amount of actual damages the injured person suffered, both medical costs and lost wages, and multiple them by a number between one and five. For example, if someone incurred $2,500 in medical expenses because of a broken leg, an insurance company would use a multiplier of two to calculate a pain and suffering amount of $5,000.
The other approach commonly used is the per diem, or “per day,” method. Under the per diem approach, a dollar value will be assigned to each day between the date of the injury and the date the injured person reaches maximum recovery. If it takes a year and a half for a person to recover from an injury and an insurance company determines that $20 is a fair amount, an injured victim could be offered $10,940 ($20 multiplied by 547 days).
However, insurance companies are not obligated to utilize either of these methods. In many cases, an insurance provider will use a computer application to determine the amount of pain and suffering in a settlement offer. While an insurance company might consider the severity of the injury and the length of medical treatment, it is not required. For example, if your back pain requires months of chiropractic treatments, an insurance company could deem the treatment excessive and unnecessary.
Hiring an experienced Aventura personal injury attorney to negotiate with an insurance company will help you maximize your potential pain and suffering offer. An attorney will understand what your case is worth, including the monetary value of your injuries and the legal strength of your claim.
Pain and suffering damages are more than a multiplier between one and five. Each case is unique and no two injured individuals’ experience is the same. A back injury could cost your years of playing with your young children or engaging in an activity you love. You should be compensated for these losses as much as for your medical expenses.
People who are hurt because of the intentional or negligent conduct of another are entitled to seek compensation through an insurance settlement or personal injury claim. While someone could work with an insurance company on their own, having our Hollywood, Florida personal injury attorney representing you will increase your chances to maximize your compensation. Insurance companies have attorneys and adjusters working for them. You should have South Florida Law, PLLC fighting for you. To set up a free appointment, call (954) 932-7877.