It is arduous to recover and quantify pain and suffering damages in a personal injury claim. Pain and suffering damages are the non-economic damages that refer to the physical pain and mental anguish injured victims experience after an accident. A knowledgeable personal injury lawyer can not only help you calculate your damages but also substantiate your pain and suffering to the defendant’s insurer or jury.
What Qualifies As Pain And Suffering
Most people do not know what qualifies as pain and suffering in a personal injury claim or lawsuit from a legal perspective. Any significant physical pain or mental agony the victim suffers following an accident may qualify as pain and suffering for settlement purposes. The most common pain and suffering examples include:
- Physical pain
- Emotional distress
- Mental anguish
- Sleep disturbances
- Loss of enjoyment of life
Victims often misjudge their injuries. If you have been injured in an accident in Los Angeles, An experienced personal injury attorney can better assist you in determining what qualifies as pain and suffering in your case. Contact Yerushalmi Law Firm for the best legal representation of your personal injury case.
How Do Insurers Determine The Value Of Pain And Suffering
The multiplier method is the most prevalent approach insurance companies use for estimating pain and suffering. It entails assessing pain and suffering on a scale of 1 to 5, then multiplying that number by the total economic damages. This variable may be as low as 1.5 or as high as five, with 5 being the most severe.
Insurance companies may also apply the per diem method and offer a daily rate for each day the plaintiff suffered. The longer the timeline for pain and suffering, the higher the rate.
Some insurers may combine both the above methods, which means they may use a daily rate for the suffering and then multiply the economic damages by a small multiplier.
The severity of the injury has a significant impact on the amount of pain and suffering damages awarded. The other factors judges, juries, and insurance adjusters consider to quantify pain and suffering damages may include:
- The type of injury
- How long the pain lasted
- Effect of the injuries on the victim’s life
- Recovery time
- Any scarring or disfigurement
- Anticipated future issues
Therefore, the victims must document their mental anguish and physical pain to prove pain and suffering after the accident. Note everything from appointments with mental health practitioners to therapy sessions if you have experienced anxiety, depression, PTSD, or other psychological trauma.
Contact A Skilled Personal Injury Lawyer In Los Angeles
If you or a loved one have been injured in a car accident, a personal injury attorney is the one who can fight for your rights and help you recover fair compensation. The competent personal injury attorneys at Yerushalmi Law Firm can aggressively negotiate with the insurance company and help you recover a higher value for your pain and suffering claim along with other damages. Call us for a free consultation today at (310) 777-7717