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How Pain and Suffering Compensation Is Determined in Your Accident Claim

pain and suffering compensation determined accident claimIf you are involved in an accident caused by someone else, you may endure all types of issues. Along with dealing with the damages to your property and injuries that result in significant medical bills, there’s a good chance you will deal with quite a bit of pain and suffering.

Filing a personal injury lawsuit allows you to receive compensation for all these things – including your pain and suffering.

Remember, though, that personal injury litigation in Connecticut can be complex and challenging. Because of this, it’s best to reach out to our legal team at Jonathan Perkins Injury Lawyers for help. We can review your case and ensure you receive the compensation you deserve.

What Are Pain and Suffering?

Pain and suffering are used to describe the emotional or physical trauma you experience because the accident you are involved in and the injuries you suffer.

For example, you may be involved in an accident that leaves you with a back or neck injury that makes it impossible to participate in things you did in the past, before the accident. You may endure burns in an accident that result in permanent scarring or disfigurement. In some cases, the experience and trauma from the accident may leave you not sleeping or being unable to function as you once did.

The fact is that the injuries caused by an accident can cause both psychological and physical issues that stay with you for the rest of your life. Because of this, you deserve to receive compensation for your pain and suffering. The tricky part is determining a value for your pain and suffering.

What Insurance Companies Consider When Determining Pain and Suffering Compensation

Several factors are considered when determining the amount of compensation you deserve for your pain and suffering after an accident. Some of these factors include:

Evidence from Doctors and Other Medical Providers

Symptoms from your injuries, such as back sprains, a concussion, neck injuries, and whiplash, may take several days to become apparent. If you fail to seek medical treatment soon after your accident, there’s a good chance your injury will not be considered serious and therefore it will not be “worth” much in terms of pain and suffering compensation.

It’s good to schedule an appointment for delayed symptoms if you did not see a doctor right after the accident. This will provide documentation for your injuries. The documentation is invaluable when it comes to pursuing pain and suffering damages after an accident.

Additional Evidence Reviewed by Insurance Companies

During the evaluation of your personal injury claim, the insurance company will require a release of your medical records. If you took time away from school or work to go to the doctor because of accident-related injuries, then you can use this documentation to support and validate your claim. This also applies to the lost wages that you incurred because of the time you had to spend away from your work to recover from the injuries.

The insurer will also review records related to your situation to determine how much your pain and suffering are worth. Some of the records they will look at include:

  • Costs of prescription medications
  • Medical records
  • Documentation from your employer related to the time you miss at work
  • Medical bills
  • Receipts for any assistive medical devices or over-the-counter medications
  • Photos of your injuries

You should keep your documentation, receipts, and records related to your accident available and secure to ensure you can access them when needed.

Use the Multiplier Method

It’s almost impossible for insurance companies to come up with a number to compensate for pain and suffering. Because of this, the multiplier method is commonly used.

This is when the insurance company will add up all your tangible damages first. This includes things you can prove like medical costs, lost wages, etc. Once this number is known, they will multiply it by a number ranging between 1.5 and five.

The number that is used as the multiplier is determined by the degree of your pain and suffering related to the accident.

An example would be if you experienced severe injuries in the accident. This would be something like a permanent disability. In this case, the number would be higher than if you had a few broken bones that healed.

The more severe your injuries, the higher the multiplier that is used.

Use the Per Diem Method

Another option is the per diem method. However, this is not as common as the multiplier method. With this method, a dollar value is assigned to a single day of damages (usually a day’s pay from your job), and then the amount is multiplied by how many days your injuries caused you to be out of work.

Contact Our Legal Team for Help with Your Accident Case

Getting the most money possible for your pain and suffering is challenging. Our legal team is here to help. Contact us if you have questions or want assistance with your personal injury claim.