When one is hurt in a car accident due to the carelessness of another person, one may wish to file a third-party claim against the other driver’s auto insurance policy. One will undoubtedly want to recover compensation for the costs of medical care after an accident. Depending on the severity of the injuries, one may be able to collect damages for pain and suffering as well.
What is Pain and Suffering?
Pain and suffering is a legal term used to describe the physical anguish and emotional trauma associated with an injury. Many personal injury claims contain some amount that accounts for pain and suffering. Some pain and suffering settlement amounts can be quite substantial.
What are Some Examples of Pain and Suffering?
The concept of pain and suffering includes physical pain as well as emotional suffering. Some examples of pain and suffering that can result from a car accident include:
- Headaches
- Chronic pain
- Traumatic brain injuries
- Broken bones
- Internal organ damage
- Paralysis
- Fear
- Sleep disturbances
- Stress
- Depression
- Loss of enjoyment
How is Compensation for Pain and Suffering Calculated?
Insurance companies use many different methods for coming up with a fair assessment for a pain and suffering component of a claim settlement. Some companies use computer programs while others use a different convention. In most cases, these calculations take into consideration the type of injury, the nature of treatment, as well as the duration of the treatment.
While there are many ways to go about calculating compensation for pain and suffering, there are two common methods used by insurance companies:
Multiplier Method: When using the multiplier method to calculate damages for pain and suffering, the amount of concrete financial damages is used. The tally of these damages includes medical bills, lost wages, and other specific monetary costs of the injury. This tally is multiplied by a number, typically between 1 and 5. The seriousness of the injury usually determines the multiplier used.
Per Diem: The per diem method calculates pain and suffering compensation by the length of time between the accident and full recovery. This approach finds a settlement offer by determining a specific amount that reflects the extent of the injury. That amount is multiplied by the number of days the person took to recover from the injury to come up with a reasonable settlement.
To determine if one is eligible for compensation, one should contact a car accident lawyer. A lawyer will evaluate the case and help one obtain compensation for pain and suffering.
Monmouth County Car Accident Lawyers at the Falcon Law Firm, LLC Help Clients Obtain Damages for Pain and Suffering
Unlike reimbursement for medical bills, non-economic losses, like pain and suffering, can be difficult to calculate into a fair settlement. Our Monmouth County car accident lawyers at the Falcon Law Firm, LLC have the skills and experience to come up with a compensation figure that covers expenses for your injuries. Complete our online form or call us at 732-454-3306 for a free consultation. Located in Oakhurst, Parlin, and Aberdeen, New Jersey, and Doylestown, Pennsylvania, we serve clients throughout Asbury Park, Belmar, Deal, Ocean Township, Point Pleasant, Long Branch, West Long Branch, Sayreville, Middlesex County, and Monmouth County, New Jersey, as well as Bucks County, Pennsylvania.
