Correctly calculate pain and suffering and arrange your car accident

How to calculate pain and suffering? This is a difficult and controversial issue. When you get into a car accident, the insurance company will want to get a written document that releases all claims against the person who caused your damage and injury. To get that release, the insurance

loss adjuster must compensate you adequately.

You are entitled to special damages (medical bills, loss of wages, medicines, etc.) and general damages (pain and suffering, loss of intercourse, physiological injuries, etc.). Usually calculating the Special Damage is not very difficult and there is not much discussion about the value of the medical bills, lost wages and other medical expenses. You can add them all up and submit your receipts. However, calculating general compensation, including pain and suffering, can be very difficult.

How much is your headache worth? Depends who you ask. If you ask the insurance adjuster, she will tell you about $5. If I ask you, it’s probably worth a lot more than that.

Personal injury lawyers use the medical bills or all “special damages” as a way to calculate general damages. Some multiply the medical bills by two, others by three or even four times (depending on your

jurisdiction). This is just a rule of thumb. The insurance adjuster will fight you and tell you that is not an accurate way to calculate pain and suffering. There are no laws that give you a formula to calculate the value of the injury.

Simply multiplying your medical bills will not yield an accurate number. You could have an injury with $2,000 medical bills, but the pain and suffering is worth much more than three or even four times that value. For example, a fifteen-year-old girl who suffered a cut on her face, leaving a scar from her eye to her chin. Medical bills for stitches and wound cleaning may not be much, but the psychological damage of growing up with such an injury can be worth much more.

Multiplying the medical bills isn’t very accurate when assessing the value of pain and suffering, but it can help you. Remember, there are many more claims than just “pain and suffering” in a car accident. You can ask for loss of consortium, loss of earning capacity, loss of quality of life, etc. For a detailed list and explanation of each type of claim, visit bodily injury claim.html. All of these claims can make a lot of money. Most people forget to ask for this kind of compensation. Insurance companies don’t explain the process and they just want indemnification for all claims, including any damages you forgot or knew to ask for. Insurance companies do this on purpose. NB.

Insurance experts are ready to tell you that the value of the injury is separate from the accident itself. They are trained to claim that they are settling for the neck pain, not the fact that the total loss payout

was low. They’re trying to narrow the scope of the settlement. For example, they will tell you that the fact that the driver who hit the car was drunk is not taken into account because they are looking at pain and suffering. Your pain will not be more or less because someone else was drunk. If you were hit at the same speed and the

the same circumstances by a sober person, your pain and suffering would be the same (same impact, same injury).

See also  Neck Braces, Rigid Collars, Cervical Orthoses - A Guide to Strengthening the C Spine - Part 7

The insurance expert would be right; the pain would be the same. But remember, what the insurance company is doing is “buying your lawsuit.” Would the fact that a driver hit you while intoxicated increase the value a jury would award you? I think the answer is probably yes.

To make the most of your pain and suffering, use the value of your medical bills, the circumstances surrounding the accident, the type of injury, jury awards for similar cases, and any personal injury claims you make

can make. Double check every argument the insurance adjuster makes. Make sure you get fair treatment.