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Can I Get Money For Pain And Suffering?

44. Can I get Money for Pain and Suffering1While pain and suffering refers to a number of injuries that a person may suffer after an accident, it encompasses emotional and mental pain in addition to the physical pain. If you are experiencing insomnia, fear, grief, loss of enjoyment, and worry, then you may be able to recover pain and suffering.

One way you can determine whether or not this is possible in your case is to contact your attorney as soon as possible. By contacting your attorney, you will know what to expect so that you are not surprised. At Brotherly Law, we are all about educating, guiding, and advocating for you so that you can recover the compensation you need.

How the Insurance Company Determines Compensation for Pain and Suffering

After it has been established that the defendant is the one responsible for the injuries you have sustained, you will need to show evidence of the losses you have incurred. The insurance company can then compensate you for medical expenses and lost wages from missed work. Furthermore, the insurance company should provide you with some money to cover pain and suffering.

In order to compensate you the right amount of money, the insurance company does have to calculate pain and suffering in some way. There are two ways pain and suffering is calculated:

  • The plaintiff’s actual damages are multiplied by a number between 1 and 5, depending on the severity of the injury. For example, the injured may incur $3,000 in medical bills. The insurance company may decide this qualifies as a three. This means the compensation for pain and suffering will be $9,000.
  • The per diem method adds something like $100 each day from the day of the accident until maximum recovery is reached. If it takes 30 days to reach maximum recovery, the plaintiff would receive $3,000.

It’s important to note that the insurance companies aren’t obligated to use these calculation methods when calculating pain and suffering. Many companies now use computer programs to determine how much compensation a person is due for pain and suffering. These programs consider the type of surgery and the type of medical treatment sought.

Proof of Pain and Suffering

In order to recover damages for pain and suffering, you have to prove that this injury exists. Because the injury may take several forms, you need to have the evidence to support the claim. When you have the proof of pain and suffering, you increase your chances of recovering a reasonable amount.

The proof of injury and any accompanied pain and suffering can be proven through documentation, such as medical records, personal journals, and photographs. Documents provided by friends and family that state how the plaintiff has changed since the accident can be used to prove the effects of the injury.

Mental health documentation can also prove as proof of the negative effects. If the plaintiff is claiming insomnia, depression, and anxiety, documentation from a mental health professional is going to become especially important.

How do You Know a Settlement is Fair?

44. Can I get Money for Pain and Suffering2The insurance company may make a settlement offer that includes pain and suffering compensation. The question, however, is how do you know it is reasonable? You can use the aforementioned multiplier or per diem methods to get an idea of what you should be offered for your pain and suffering.

From there, you can weigh whether or not there were additional circumstances that may have increased the dollar amount. If you were left with a permanent scar that is visible, you could probably use that as a reason to try and get more. A bump on the head that healed quickly, on the other hand, isn’t going to be worth much. Your attorney will be able to make the calculation for you and determine what is fair.

Get the Compensation You Deserve with the Help of a Philadelphia Injury Lawyer

When you are injured due to no fault of your own, you want to receive the compensation you deserve for your injuries. This compensation may include money for medical expenses and lost wages due to missed work. It can also include pain and suffering. However, pain and suffering may be defined in different ways. If you were injured due to no fault of your own and you want to pursue maximum compensation, Brotherly Law can help. To learn how, call us at (215) 545-8500 or contact us online to schedule a free consultation.

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If you have been injured due to no fault of your own, you may be able to hold the responsible party accountable for the monetary damages resulting from the accident. Fill out the form below to request a free consultation so we can evaluate your case.

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