A convincing demand for hard costs and mental distress has the potential to boost compensation in car accident claims (both major and minor). In the coming lines, there will be a brief detail about how to determine Pain and Suffering, how to calculate it, and most important of them all, how to claim compensation for physical pain and mental suffering. Only by thinking like a claims adjuster, the pain and suffering award can be increased.
What are Pain and Suffering?
According to law, Pain means the physical pain one may face in any personal injury. While suffering stands for mental anguish or distress which is the result of any personal injury from the car accident. Anxiety, insomnia, irritability are forms of suffering.
How to determine it?
There are various methods used by personal injury lawyers. One of the most used methods is The Multiplier Method. This method involves a certain multiplication. Simply speaking, this includes a multiplying number to the actual damages. Usually, claims adjuster multiply the total damages to three to reach a reasonable amount for pain and suffering claim.
For example, if the total damage costs $3000 and lost wages were $1000, this totals $4000. Now, the lawyer will claim 3x of it, which is $12000. This method is very effective and simple.
How to Calculate Pain and Suffering?
According to some insurers and attorneys, the multiplying method to determine pain and suffering in a car accident is limited. So, they adopt the daily rate method to calculate pain and suffering. In this method, also called per diem calculation, an amount is assigned to a day victim continue to suffer from the effects of a car accident.
For example, if your medical bills cost $5000 and the wages you lost were $1000, this sums at $6000. Now, to reach the amount of claim, $6000, $200 awarded to each day. If the injuries made you 3 months to be ready again to start your activities than you will claim $18000.
The other and probably the best way to value your claim is to use both the multiplier method and the per diem method. This method is called getting a final value. To make a systematic and efficient claim, this method may be the best. There are various factors you have to add to make a more comprehensive pain and suffering claim. These factors include whether others were involved in the injury, are there any permanent injuries, and most crucial whether you think you will a strong witness on your behalf.
Using both these methods will definitely give a reasonable claim to make. For example, if the multiplying method gives you an amount of $12000 and through per Diem you reach an amount of $18000, you might choose a ballpark figure of $16000.
To Sum up, In any car accident Pain and Suffering stand for the physical pain and mental suffering that victim bears. To claim a right value for pain and suffering, there are two methods to calculate it. The multiplying method multiples the total value of bills and wages lost to a certain number. While per Diem applies per day value and multiply it to the total time of suffering. Using both these methods is highly recommended to reach a reasonable value.