If you were in an accident and sustained an injury, you may be eligible for compensation for your pain and suffering. This type of damage refers to the physical and emotional struggle you need to undergo as a result of your injuries. Although putting a value on property damage and medical expenses is easier, it is more complicated to put a specific dollar amount on your pain and suffering. Experienced injury attorneys Huntington Beach can explain how this damage can be evaluated.
Proving Pain and Suffering Damages (Attorney)
Pain and suffering may include physical pain and impairment, suffering or agony, physical discomfort, mental anguish, disfigurement, inconvenience, loss of enjoyment, as well as permanent limitations on activity. You must document your pain and suffering and offer objective evidence to help prove your experience.
Your attorney will need your treating physician’s written opinion on your pain’s extent and nature, testimony from a mental health expert regarding your state of mind, pain medication records, medical imaging test results, and testimony from your family or friends.
Calculating Pain and Suffering Damages
Insurers do not have a specific standard to follow when calculating the pain and suffering of an injured accident victim. They tend to calculate damages by case. Usually, they will calculate your pain and suffering damages by taking into account several factors like the nature and severity of your injuries, expected recovery timeline, your pain and discomfort, the kind of medical treatment you require, the impact of your injuries on your life, hobbies, and job, as well as your potential to require future care, medication, surgeries, or rehabilitation.
Insurers will hire insurance adjusters to do the calculations. An adjuster will make use of different methods including multiplying your medical expenses by a number, which is usually 1.5 and 5, establishing a set rate for damages per day, and using the daily rate of your treating doctor.
Determining the Worth of Your Personal Injury Claim
To obtain a rough estimate of your potential pain and suffering damages award, you must include basic estimates of your economic damages.
Keep in mind that this is just an estimate and the final amount depends on some factors. If you wish to get a more accurate picture of how much you can recover in damages, consult a personal injury lawyer as soon as possible.
Prepare to give the details that pertain to your injury case, including all injuries you suffered, how these injuries have affected your life, any lost income, and the emotional or physical trauma you sustained after the accident.