Tag Archives: car accidents compensation attorney

How is Pain and Suffering Valued in a Car Accident Case ?

If you find yourself in a car accident the costs can go beyond just repairing or replacing a vehicle. If injuries are involved there are the medical treatment costs, and other losses of income that could fall into pain and suffering categories.

 
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Pain and Suffering Explained

Pain and suffering is the legal term for bodily injury and mental or emotional anguish resulting from the actions of another. Sometimes that can be hard to quantify, while doctor’s bills and diagnoses show what kind of injury was caused and how much they charged to treat it that doesn’t adequately describe the pain you feel. Pain is invisible when looking at a person, as only they can feel the consequences of an injury. Mental suffering is even harder to accurately describe because the stress one individual feels or suffers from is different from others in similar situations. This makes proving pain and suffering challenging, but in most cases there are two ways of estimating the cost incurred from the injuries.

 

Daily Rate Method

One way to calculate the pain and suffering is to use a daily rate method, or what is commonly referred to as the Per Diem Method. Basically this is a way to break down the cost incurred for each day of recovery, though sometimes the calculation can be based on a weekly rate instead. As a general baseline, the daily rate might be what you would usually earn in that day. If the injuries prevented you from working and you normally received $100 a day, then you could claim that because you could make $100 a day then that is what you are owed on top of any covered medical treatments.

 

Multiplier Method

Insurance companies often use this method by assigning a multiplier to the actual damages. Say the damages were $10,000, the multiplier could be a 3, so the pain and suffering would be $30,000. The multiplier is created based on the severity of the injury, 1 being minimal and normally only going up to a 5 for serious harm. For more debilitating injuries exceptions can be made to use a multiplier greater than 5.

 

When making a final decision on what cost the pain and suffering incurred, using a combination of both methods above can be the most effective way of arriving at an appropriate value. Contacting an experienced attorney can help you determine what you’re most likely going to be able to receive and begin the settlement process to make yourself whole again, reducing the stress of having to take the case on alone.

The Benefits of Hiring a Personal Injury Lawyer

When you have been in a car accident, many thoughts can immediately start running through your head. If the accident has caused your any type of injury and was not your fault, you may need the assistance of a personal injury lawyer. Although that may seem like an extreme step, it is often the best course of action. Here are just some of the benefits of hiring a personal injury lawyer.

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A Personal Injury (PI) Attorney Knows How Much your Claim is Worth

If you are not well versed in personal injury compensation law, all you can do is guess at how much money your claim is worth. It is possible that if you go into court without a personal injury lawyer, there is a good chance that your settlement will be far less than you deserve. However, an experienced PI attorney will understands the subtleties of your case The attorney will also know the monetary value to put on your pain and suffering and will also know what to expect from the insurance companies. When you have a qualified PI lawyer on your side, you have a much better chance at getting the maximum award for your injuries.

 

Using a PI Attorney Improves your Chances of Winning

Insurance companies are notorious for being prepared for a battle when going into court. It is their main objective to avoid losing money in a lawsuit. If you try to battle them on your own, you will almost definitely lose. Their legal team will do everything possible to make sure you receive the least amount of money possible. But, if you arm yourself with a good PI lawyer, you immediately put yourself in a better position for success.

 

Hiring a Personal Injury Lawyer will Save you Time

Most people these days have extremely busy lives. When you get into a car accident the paperwork involved with it can quickly suck up what little free time you have in your life. However, when you hire a PI lawyer they will take that burden off of your hands. A PI lawyer will take on the responsibility of obtaining your medical records, tracking down investigative reports, will meet with your doctors on your behalf, and communicate with the insurance adjusters. So, none of these important responsibilities will need to fall to you.

 

If you have been in a car accident and would like to consult with an experienced personal injury lawyer, or if you have questions about how a PI lawyer can help you, contact the law office of James Mitchell Brown today to see how we can help you.