Pain and suffering are non-economic forms of personal injury compensation. They are intangible, subjective, and difficult to calculate. If you were injured in a negligence-based accident, a lawyer can help you recover damages for past, current, and future pain and suffering. Some cases will rely on the multiplier method; others on the daily rate method. Your lawyer will clarify which method they and the insurance company use to calculate your pain and suffering settlement.
Choosing the right calculation method and ensuring your resulting valuation is accurate are crucial. A miscalculation could result in a smaller financial award than you are entitled to recover. Your legal team will ensure these and all other recoverable damages in your personal injury case are accurately calculated.
Prove the Extent and Severity of Your Injuries
Without legal representation, it can be difficult to determine how pain and suffering are calculated. A Columbus personal injury lawyer will clarify the methods they utilize to calculate this portion of your case.
Commonly employed calculation methods include:
- The multiplier method, which is based on the sum of your economic damages and the length and extent of your recovery period
- The daily rate method, which is based on a per-day rate multiplied by the length of time you suffer and the time it takes to recover
Damage caps specific to your state may limit the amount of compensation you can recover. In cases of catastrophic injuries, your lawyer might be able to have these limits lifted. If your injuries are considered catastrophic, your lawyer will collect medical records and prognoses that prove their severity.
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Seeking Financial Compensation with a Personal Injury Settlement
Negotiating a financial settlement is a complicated process. On your own, it can be stressful and frustrating. Insurance companies and adjusters may try to lessen their financial burden.
The insurance company may:
- Use questionable insurance tactics
- Attempt to stall or delay negotiations
- Limit or deny appropriate compensation
You do not have to negotiate on your own. A personal injury lawyer will take on the insurance company for you. They will handle all case-related communication, including the back-and-forth negotiation process. Their goal is to steer your case to a fair, appropriate, and well-informed decision.
Evidence the At-Fault Party’s Insurer May Request
Proving negligence is the crux of your personal injury case. Your lawyer will prove the at-fault party:
- Owed you a duty of care
- Breached their responsibility
- Caused your resulting injuries
- Caused your financial damages
The case file that proves these legally required components of negligence can include:
- Accident-related medical records
- An official written prognosis
- Job and salary history records
- List of required medications
- Official accident or incident report
- Rehabilitation and therapy records
- Accident scene and injury photos
- Lay and expert witness statements
The law firm that handles your case will handle evidence collection for you. Your resulting case file will prove the cause, effect, and extent of your injuries.
Do Not Delay Your Pursuit of Pain and Suffering Compensation
Like all states, yours will impose a statute of limitations on your right to financial recovery. If your case is resolved with a personal injury lawsuit, it must be filed accordingly. Generally speaking, if your case is not filed within the allotted time:
- The court will not allow you to file it at all.
- It will be dismissed without ever being heard.
- You will have no legal avenue to compel compensation.
The statute of limitations is mandatory. It can also be complicated since it can fluctuate. Your lawyer will explain what factors cause fluctuations. They will also ensure your statutory filing deadline is correctly interpreted. Doing so removes the costly risks of non-compliance.
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Pain and Suffering Are Not the Only Damages You Can Recover
Pain and suffering are not the only type of non-economic damages you can recover. Via insurance settlement or trial, you can also request compensation for the following:
- Physical disabilities
- Physical disfigurement
- Mental anguish
- Emotional distress
- Diminished quality of life
In addition, your lawyer can request compensation for a wide range of economic damages. These can include the following:
- Current and future medical bills
- Current and future loss of wages
- Loss of future earning capacity
- Treatment-related travel expenses
- Property damage or total loss
- Diminished property value
The overall value of your case will combine your entire range of damages. The overall calculation will be used to steer the settlement negotiation process.
Learn More About Pain and Suffering Compensation
Pain and suffering and the way they are calculated are an important part of every personal injury case. If you or someone you love are owed these types of non-economic damages, our law firm will help you fight to obtain them. Contact our case review team at The Fitch Law Firm LLC. We are ready to help you explore the scope of recoverable damages you need and deserve.