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August 29, 2018

How is Pain and Suffering Calculated?

Being involved in an accident of any kind can be stressful, and expensive. If you were injured in an accident because of another person’s negligence, there’s a good chance you will be able to pursue compensation for your injuries as well as pain and suffering. These types of damages are typically awarded when someone has been hurt very badly in an accident, whether a car accident, slip and fall incident, or other type of personal injury. Pain and suffering and emotional distress damages are designed to compensate you for the following:

  • Any pain and discomfort, regardless of whether it’s temporary or permanent
  • Emotional and psychological problems
    • Including anxiety, depression, memory loss, insomnia, shock, and any other emotional disorders
  • Any physical limitations or disabilities that happened as a result of the accident

Determining the exact cost of your pain and suffering isn’t always as straightforward as we would like. Can you really put a price tag on an individual’s sense of well-being and happiness? The very idea of being compensated for pain and suffering may seem far-fetched, that is until you are involved in an accident and feel you deserve to be compensated for the emotional distress you’ve been under. Pain and suffering reach beyond tangible things such as medical bills and instead attaches a cash value to something that was both painful and traumatic.

Defining Pain and Suffering

Having a good understanding of what pain and suffering is – and what it is not – will help you, should you find yourself in this situation. First of all, pain and suffering does not include medical expenses, including bills for your hospital stay or any long-term rehabilitation. Rather, pain and suffering address the loss of happiness, comfort, wellness, and the ability to live a full life following the accident. It refers to the physical and/or emotional stress that happened as a result of an accident and the injuries that were caused by it.

Calculating Pain and Suffering  

There is no clear cut way to calculate pain and suffering, which is why it is important to contact a lawyer to discuss your options. When calculating pain and suffering, insurance companies will start by looking at how serious the accident was and the severity and permanency of your injuries. The more severe the injuries, the more pain and suffering you will experience, thus the more compensation you are entitled. Generally speaking, insurance companies will multiply how much your medical bills are by a number between one in and five in order to determine your pain and suffering. We recommend discussing what to estimate your pain and suffering at with an attorney to ensure you receive the compensation you deserve.

If you’ve been involved in an accident that resulted in serious injuries and/or emotional and physical stress, please contact the Brownsville personal injury lawyers at Green Law Firm today to schedule your free consultation.

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