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How Personal Injury Claim’s Pain and Suffering costs are calculated?

The common question usually asked to personal injury lawyers by plaintiffs is “What is my personal injury pain and suffering worth?” We have narrowed down the usual cloud of thoughts in every victim’s mind while filing personal injury claims. If you have been injured in any kind of motor vehicle accident, suffered auto accident injuries or want to claim compensation from the opponent, you can usually pursue compensation from the at-fault party’s insurance company. This is called a third-party claim.

Which damages can be claimed?

It is required to prove financial losses with the help of a Personal injury attorney Denver if you want to draw maximum possible claims from the defendant. Also, both economic and non-economic damages can be claimed. Economic damages are the ones which can be calculated in terms of money which include: medical bills, lost wages etc. As they can be provided instantly or filed easily, the opponent or their insurance company will readily pay for the losses. Opposite to this, non-economic damages are difficult to prove and hence require more attention. They include pain and suffering after the accident.

Pain and suffering can be defined as “Any bodily injury which is sustained by the plaintiff and the resulting pain and suffering like disability, physical impairment, disfigurement, mental anguish, inconvenience or loss of capacity for life enjoyment experienced in the past or to be experienced in the future

In other words, you can consider pain and suffering to mean the traumatic situation you are undergoing as a result of the accident which you might not be suffering if the accident had never occurred.

As there is no exact measure to determine these damages, it is difficult to calculate the amount you should claim. Let us consider how an insurance company generally calculates the compensation amount to be paid to the victim.

When does the insurance company pay?

The insurance company cannot totally deny the costs they have to pay you as a result of the accident caused by their client. Most insurance companies believe that the plaintiff deserves to be paid some amount, but they will surely give low ball offers. However, with strategic representation by a Colorado Injury Attorney, you can remain assured to receive the maximum amount for your claims. The following factors are taken into consideration by insurance company when compensating the claimant:

  1. Severity of injuries
  2. Pain and overall discomfort associated with respective injuries
  3. The impact of car accident injuries on your personal and professional life
  4. The required medical treatment after the injuries
  5. The time it takes for injuries to heal
  6. Whether injuries will require any future care, therapy, medications or surgeries for treatment

How to estimate pain and suffering on your own?

1. Multiplier Method

The simplest way is to first consider whether your case is worth filing or not and you can do so by calculating damage amount with the following formula:

(past and future medical bills) * (multiplier)
+
(Sum of Economic Damages like medical bills, property damage, lost wages etc.)
=
Reasonable value of case

Here, the multiplier is a number between 1.5 and 5 and is chosen depending on the level of severity of injuries. You can consider the multiplier number from low to high for minor to major injuries respectively.

2. Per Diem Method

Some insurance companies use the ‘per diem method’ i.e. ‘by the day’ or daily pain and suffering calculator. Using this method, a particular amount is paid to the victim for each day from the time of the accident until the patient reaches maximum medical improvement.

Hire Top Personal Injury Attorney

Besides these two methods, there are alternative ways your pain and suffering are taken into account. If you are still confused, you can hire a top personal injury attorney of Denver. Our team of experience attorneys are ready to assist you with genuine guidance and a FREE Consultation. Contact us now.

Need our help? Call us at 303-779-5300 for a 100% FREE CONSULTATION!.

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