Have you got a severe injury due to someone else’s ignorance or negligence and you are more into the recovery from the at-fault party or your insurance company. Fortunately, you can claim the lost money to bring your life back on track. The car accident involves clashing a car with another vehicle that may result in loss of body part, asset or life. The car accident pain and suffering you faced through the injury is the most pathetic and miserable period. Read on the guide to know how to claim for damage and rebuild your life.
Pain and suffering are general damages
There are two types of pain and suffering that are raised due to a car accident. Firstly, bodily injury and secondary mental anguish that accompanies the physical injury. Law characterizes them the general damages. However, there is not a definite formula to calculate the exact value. There are different types of injuries, and some may lead to surgeries like the broken leg, and it is a common assumption that an injury may lead to the extensive physical and mental suffering.
What is the difference between special and general damages?
Typically, two kinds of damages are involved in a personal injury: general damages and specific damages. General damages do not encompass monetary factors and include emotional trauma, loss of consortium and more. There are no medical receipts; however the pain and suffering do require the compensation amount. Specific damages may include that are countable and cover lost wages, medical bills, and basically injured are out of pocket expense and often more comfortable to claim as they have evidence like medical reports, photos of injuries, letter from employer over a lost wage.
|General damage||Special damage|
|Loss of a friend or companionship||Cost of medical bills|
|State of being in pain||Lost wages|
|Disability or impairment||Loss of some irreplaceable items|
|Loss of work in a specialized career||Cost of domestic service|
|Lack of mobility or low quality of life due to injury||The expense for home care|
|Mental pain and anguish||Costs of replacing or repair items|
How do insurance companies evaluate pain and suffering?
Insurance companies work on different rules and regulations; however some exemptions are accepted to every rule. It is a general assumption that if an injury is prolonged or have any surgery involved then it may result in more pain and suffering as compared to the minor accidents. The insurance companies also presume that injuries that require lengthier time to recover have more pain and suffering than damages that are retrieved in a week or so.
If you don’t go the hospital or seek medical help, the insurance company will not pay much value to your injury. For instance if you have a soft tissue injury that is no more obvious or observable for the physician then it won’t worth much as insurance companies to insurers that have a medical corroboration of the damage. Insurance companies are more likely to access medical records along with claim evaluation.
What sort of evidence does an insurance company view?
In order to determine the car accident pain and suffering, the company will review supporting documents that may corroborate the claim. So, it is essential to organize or arrange the documents in advance that the insurance company finds useful. The list may include the following
- Medical bills
- Medical records
- Photographs of injuries
- Receipts for over the counter medication
- Documentation from employer over the lost wages
Types of the method to evaluate car accident pain and suffering
Are you making an injury claim after the car accident and are not sure about the worth of the case then hold on as we can assist you by acquainting with some methods that car insurance companies use to calculate the value of personal injury claim. The claim may include reimbursement for medical bills, income lost coupled with additional compensatory amount called “Pain and Suffering Damages.” Let’s read through the widely used methods to calculate a personal injury;
The daily rate method
Some insurers, as well as personal injury attorneys, employ a daily rate method to calculate the damages. Under this method, you will be paid daily or weekly according to the effects of car damage. The daily rate is contingent upon the amount of money you make when you are not injured. For instance if you make $200 daily, it will be an easy way to calculate a per diem number.
The multiplier method
A frequently used method for car accident pain and suffering evaluation, typically, claimant’s actual damage that may include medical bills, lost wages are multiplied by a certain number. A lawyer or attorney will multiply the damages to three in order to come up with a reasonable amount. So, if the medical bills were $6000 and lost wages are $2000 then the sum will be around $24000.
However, in recent years, the trend has been changed as some complex software programs are used to get the value, and due to which the result will undervalue the claim. In severe accidents, the multiplier is 3 to 4, whereas, in the minor accidents, the multiplier is generally kept 1 to 2.
Getting a final value
The most systematic way to calculate the claim is to use the “Daily rate method” and multiplier to get the ballpark value; where you can adjust the expected value based upon factors like severity of the injury, permanence of an injury, whether someone else has been involved in this case, whether you work or laid off due to injury. These entire factors will help in determining a reasonable value for the claim. For instance, if multiplier method gives a value of $20,000 and a ballpark value of $30,000, you may get an estimated or settlement value $23500. If there is a broken bone, or you underwent a surgery, you should add that amount to the valuation.
When you are comfortable with the figure for a settlement negotiation, then the next step is to craft a car accident injury demand letter.