How Is Pain and Suffering Calculated in a Personal Injury Case?
When you are injured in a car accident, the process of pursuing an injury claim can seem daunting and complicated. Most want to know what their case may be worth when considering the benefits of filing the injury claim.
How is Pain and Suffering Calculated in a Personal Injury Case?
Putting a dollar value on pain and suffering is a challenge, but insurance companies must accomplish this when processing a car accident claim. You can usually file a claim with the insurance company when you’re injured in a car accident due to someone else’s carelessness. When the other driver is at fault, you can seek compensation from the at-fault driver’s auto insurance company with a third-party claim.
When Can You File a Third Party Claim After a Texas Car Accident?
Before filing a third party claim, you must establish that the other driver was responsible for the injury or “at fault.” When the other driver is at fault in a Texas car accident, they are liable for injuries, pain and suffering. For a successful third party claim, be prepared to present evidence of losses or “damages” associated with the accident. The at-fault driver’s auto insurance company may provide compensation for medical expenses, lost wages incurred, and general pain and suffering due to the car accident and injuries sustained during the accident.
When Will an At-Fault Driver’s Insurance Company Provide Compensation?
Pain and suffering is the legal term referring to various injuries suffered due to a car accident. These injuries may include physical, emotional, and mental injuries. Some common injuries that may fall in the category of pain and suffering in connection to a car crash include insomnia, anxiety, inconvenience, grief, fear, etc. The injured party in almost every injury case can seek and receive compensation for pain and suffering damages, some compensation larger than others, depending on the details of the case.
Estimating Damages: The Multiplier Method
Insurance companies calculating compensation for pain and suffering do not have a set of firm rules that determine the final amount, so it’s difficult to estimate a personal injury claim accurately. Compensation calculations are determined using actual damages like medical bills and lost wages. By multiplying the total damages by a number representing the severity of the injury (typically from 1 to 5), you can come up with a reasonably reliable estimate. This is referred to as the multiplier method. For instance, if the injured party in a car accident (who is not at fault for the accident), incurs $6,000 in medical bills related to a broken leg, it might be multiplied by four, resulting in a reasonable pain and suffering compensation estimate of $24,000.
Estimating Damages: Per Diem Approach
In other cases, a per diem approach may be more appropriate. Using the per diem approach, a certain amount is assigned to each day. For example, perhaps $100 would be assigned to each day from the accident until the date of maximum recovery.
While insurance companies are not obligated to use these methods of calculating pain and suffering, they are a good opportunity to generate an estimate during the early stages of the car accident injury case. If you’ve been in a Texas car accident and need to file a personal injury claim, get in touch with an experienced Dallas, Texas car accident attorney at Hudson Law Firm. We put Personal back into Personal Injury Law.