The amount you should request for pain and suffering is determined by the severity of your accident and the injuries you sustained. You should consult an auto accident lawyer to get a professional opinion on how much compensation you should seek. A lawyer can compare your case to similar cases they've handled in the past, giving them a good idea of the types of damages you could win and what you should include in your demand.
Who is eligible for pain and suffering compensation following an auto accident?
Pain and suffering are broad terms. It's referred to as general damages in the legal world. Your general damages are the non-monetary losses you suffered, which can range from emotional distress to physical pain. Permanent injuries, disabilities, and inability to work are all losses that fall into this category. If your losses exceed your medical bills and work time, you may be eligible for pain and suffering compensation.
How much compensation should you demand for pain and suffering?
It is difficult to quantify an accurate amount to pay because pain and suffering are not based on actual financial costs. However, insurance companies have devised a formula to attempt to achieve this. The pain and suffering formula that insurance companies employ:
This formula is composed of three parts:
- They begin with the amount you are already owed. That means adding up your medical bills, car repairs, and other out-of-pocket expenses. The simplest part of the equation.
- They then attempt to "rate" the severity of your situation. This is a difficult task. And it's highly subjective. But there is some logic to it. Living with pain for several months is wrong, but living with pain for the rest of your life is even worse. And it could be even worse if you are unable to walk. They assign a number to your pain based on its severity.
- The starting cause is then multiplied by the rating. For example, if you had $50,000 in medical and other hard costs and your suffering was rated as a 3, your pain and suffering damages should be around $150,000 (3 x $50,000 = $150,000).
This system is far from perfect, but it works: people who have suffered the most are compensated significantly more. However, you must still prove your case. Regrettably, insurance companies have a reputation for undervaluing pain and suffering damages. This is why having a lawyer represent you is critical.
Is it essential to hire an attorney to assist you?
It is good idea to seek the advice of an attorney. An attorney has the experience and legal knowledge to evaluate your damage claim and ensure you're entitled to everything you deserve. Furthermore, if the case goes to trial, the insurance company and the opposing attorney are more likely to take advantage while filing a case against you.
For assistance, contact an experienced lawyer right away.
The Florida Auto Accident Injuries Lawyer will provide you with a FREE consultation and assist you in determining what you are entitled to in terms of pain and suffering. Don't put it off any longer; call us or fill out the form right now!
Senft Legal is the best Personal Injury Attorney in Portland.
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