How Is Pain and Suffering Calculated in a Washington Personal Injury Claim?
Summary: Aside from economic damages, personal injury victims can also receive compensation for pain and suffering. It’s important to document what you are going through so that you can use it for your claim later. Calculating compensation for pain and suffering isn’t an exact science, although there are some ways it can be estimated. Have a personal injury lawyer handle it for you.
Intro: Exact financial amounts can be calculated for a personal injury claim by adding up bills and other economic damages. Other damages, such as pain and suffering, are a little bit more difficult to calculate. However, just because pain and suffering isn’t as tangible doesn’t make it less real. The emotional impact of being hurt in an accident that wasn’t your fault can affect your life significantly, and should be included as part of the damages in your claim.
Do I Qualify for Pain and Suffering Compensation?
If you were injured in an accident, you may be entitled to pain and suffering compensation and not realize it. That’s why it’s important that you have a personal injury lawyer to help you maximize the amount of compensation that you can recover.
Some signs that you may qualify for pain and suffering compensation after being in an accident include:
- Difficulty sleeping
- Mood swings
- Depression or anxiety
- Physical pain from the accident injury, which can be acute or chronically occurring
- Disability from the accident
- Loss of consortium (losing the benefits of having a relationship)
- Disfigurement or scarring
- Being unable to do daily tasks such as chores, work, or errands
Where do I start?
After being injured in an accident, make sure that you obtain documentation about your injuries, and get a personal injury lawyer as soon as possible. This doesn’t just mean financial statements- write down what you are going through psychologically. Everything that you are having trouble with as a result of the accident: pain, difficulty with daily life, mental distress, etcetera. Do not downplay what you are going through. If you are seeing a counselor, they can back up what you are experiencing.
If you neglect to do this in a timely manner after the accident, then it can weaken your case. The insurance company may try to say that you made up the pain and suffering after the fact. The importance of evidence cannot be emphasized enough. Evidence streng thens your case, which leads to you being able to recover more compensation. Write down the details of what you are dealing with, no matter how insignificant they may seem.
How is pain and suffering calculated?
There is no clear rule about how to calculate a victim’s pain and suffering. There are many variables that need to be taken into account, and each person is going to have a different situation. Only an experienced personal injury attorney can give an accurate estimate of the amount you could be rewarded. Beware online calculators – they are often innaccurate. This is because each personal injury case is different and has many factors that need to be taken into account.
Insurance companies and courts sometimes use one of two methods for calculating pain and suffering damages. Nowadays, many insurance companies have software programs that calculate a range of recommended compensation. They will almost always offer you an amount on the low end of that range.
Per Diem Method
The Per Diem (by the day) method of calculating pain and suffering puts a dollar amount on each day that you are dealing with the injury. That rate is multiplied by the number of days that you have dealt with pain and suffering, or will in the future. This method is used less often, but can be more effective for victims that suffered serious injuries with long recovery times.
Multiplier Method
The multiplier method of calculating pain and suffering takes the total incurred costs from your accident injury, including lost wages, medical bills, and future injury-related expenses. Then, that number is multiplied by a certain amount depending on how severe your suffering was. The number will be higher depending on how the injury impacted your life, and how serious it was.
The only good way to find out how much money you could collect for pain and suffering is to get an estimate from a trusted personal injury lawyer.
Conclusion: If you or a loved one is dealing with pain and suffering from an accident that wasn’t their fault, they deserve justice. BGN Attorneys will fight to get you the most compensation possible for what you went through. You have already dealt with so much; let us handle your claim for you. Reach out to BGN Attorneys today to set up a case consultation and get started. The sooner you have a personal injury lawyer on your side, the better the outcome will be.
FAQs About Medical Treatment and Car Accident Claims
What’s the difference between economic and non-economic damages?
Economic damages are financial losses from the accident, often exact amounts that can be proven with documentation. Non-economic damages are intangible, subjective losses such as pain and suffering.
Is there a limit to how much compensation you can get for pain and suffering in a personal injury claim?
In Washington, there are no limits on the amount of money you can get for pain and suffering in an accident claim. Your personal injury attorney can put a high number on your damages, but your actual settlement may end up being lower.
Can I just accept the initial settlement offer that I receive?
You should not just accept whatever amount the insurance company initially offers you, because it’s often much lower than what you are actually entitled to. A personal injury attorney can negotiate on your behalf to maximize compensation.
What are some key factors in calculating pain and suffering compensation?
The main factors when it comes to calculating pain and suffering are evidence and documentation, the impact of the injury on your life, how long it took to recover (if you ever fully recovered), and the severity of your injuries.
What are some types of accidents where pain and suffering may be a part of the claim?
Any type of accident where a person is injured could result in pain and suffering being a factor in the claim. Some examples are car accidents, motorcycle accidents, slip-and-falls, animal attacks, and premises liability cases.
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