The per diem method applies a daily rate for each day the plaintiff suffered. A higher value is added when the timeline for pain and suffering is longer or the rate is higher. It's not easy to set a dollar amount for general damage. But there are a number of approaches insurance companies take when calculating pain and suffering as part of an injury settlement.
The two most common are the multiplier method and the per diem method (daily rate). Try the calculator below to compare both methods. A common way to assess pain and suffering is to calculate an approximate amount based on economic damage. That means counting medical bills and applying a multiplier to arrive at a pain and suffering figure.
Not only that, but you could have suffered invisible injuries that are affecting your ability to return to your normal life. If you have been injured due to someone else's negligence, whether in a car accident, slip and fall, or any other personal injury case, you can seek compensation from the at-fault party for damages, including pain and suffering. In most cases where the other party was clearly at fault, the injured party will receive at least some compensation for their pain and suffering. If treatment seems excessive for the type of injury, the insurance company will not include all treatment in its calculation of pain and suffering.
Pain and suffering are considered non-economic damages that encompass both the physical and emotional suffering of an accident victim. An experienced personal injury lawyer can help you receive a reasonable settlement for pain and suffering depending on your case. However, the agreement does not specifically state how much exactly was allocated for pain and suffering. The legal notion of pain and suffering can seem rather nebulous until the time comes when you feel like you deserve to be compensated for it.
General damages include things like pain and suffering, which means physical discomfort and pain, but also emotional distress, anxiety and stress that are related to the accident and its injuries. Recovering fair compensation after a personal injury means getting compensation for your pain and suffering, as well as for your financial losses. Insurance companies, judges, and jurors consider a number of factors when trying to calculate what type of damages are awarded for pain and suffering. The more evidence you can provide when suing for pain and suffering, the more the insurance company, judge, or even jury will be able to see the negative impacts of pain and suffering on the victim's life in ways that cannot be seen through medical bills.
As such, you need a settlement amount that accurately compensates you for the pain you suffered after your accident. For example, damages from pain and suffering, loss of consortium, and emotional trauma are examples of general damages. For example, if your injury left a permanent scar on your face, it may be reasonable to increase the amount of pain and suffering you deem fair. Kutner Associates & can help you evaluate your case and take appropriate steps to build your case and work toward fair compensation for your pain and suffering.
Many companies use computer programs to determine how much of any settlement offer should be allocated for pain and suffering.
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