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When you are injured in a car accident through no fault of your own, you may decide to file a claim against the party responsible for the crash. If so, you should be aware that you are entitled to receive both economic and non-economic damages. While economic damages are easy to calculate because they include medical expenses and lost wages, non-economic damages are just as real but much harder to attach a number to. Read more on what constitutes non-economic damages at casareslawllc.com since damages may include emotional distress, PTSD, loss of enjoyment of life, pain, and suffering, and more.
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How can my attorney value my pain and suffering?
Your attorney and an insurance adjuster can use a formula to calculate the value of your pain and suffering. It involves multiplying the sum of all your economic damages by a number between 1.5 and 5. This number depends on the extent and severity of your injuries and the potential of your expected recovery. Another way to calculate it is by a daily amount agreed upon by the insurance company.
To arrive at a fair amount, your attorney will include everything that falls under the umbrella of economic damages. Keep a detailed log of all the expenses you have had to pay and those you still need to take care of. These may be medical appointments, treatments, therapies, rehabilitation, medications, and more. Also, add up the wages you have not received by being unable to work since you were injured. Include any commissions, bonuses, and other compensation you are not receiving and any you might not get in the future if your injuries do not allow you to return to work.
How is pain and suffering defined, and how is it valued?
Pain and suffering is a global term that encompasses all physical and emotional pain you have experienced since the accident and injury. There is no single way in which pain may present itself, and much depends on the victim, their circumstances, and their pain. Some fall into depression or anxiety, others suffer from chronic headaches, while others may feel all the pain in their lower back or neck.
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These are non-monetary damages but just as real. Depending on the type of pain and suffering that you are dealing with, you may be looking at a quick recovery that may take a couple of weeks or months, but you may also be left with severe PTSD that may accompany you for the rest of your life.
It is difficult to generalize a settlement for the pain and suffering anyone may experience after being injured in a car accident. Many factors play a role in the ultimate amount that may be awarded. In general, the more severe the accident and the more life-altering and extensive the injuries, the higher the amount you may expect to receive. A victim who must deal with life-long consequences of an injury or mental anguish due to an injury may receive more than one with a minor arm fracture.