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How to Calculate Damages with Permanent Injuries

Costs associated with personal injury claims are clearly defined. For example, you acquire specific costs for medical treatment, lost wages, and out-of-pocket expenses if you suffer a broken arm or leg in an automobile accident.

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Determining pain and suffering compensation with permanent injuries is a more serious and complicated scenario. It is always challenging to determine the amount of compensation when an injury is long-lasting or permanent due to ongoing, open-ended costs. It is hard to define future damages which make it even harder to reach a settlement figure.

 

In addition to physical injury, pain and suffering encompass mental and emotional injuries, such as anxiety, fear, grief, worry, insomnia, and even the loss of the enjoyment of life. Compensation for pain and suffering can vary from small to large amounts, but almost all injury cases result in the plaintiff recovering some amount.

 

The long-term emotional toll to the victim, caused by a permanent physical injury, is nearly impossible to quantify. How do you determine what someone’s life would be like had they not become disabled? What is it worth to lose the ability to participate in past activities? Who can put a dollar amount on a diminished quality of life?

 

Depending on the severity of the injury, attorneys will usually calculate pain and suffering damages by a number ranging from 1 to 5, or they assign a dollar amount to each day from the date of the accident to the day of recovery. However, most insurance companies use computer programs to determine what settlement amount to offer. These programs are designed to consider what type of medical treatment was sought by the plaintiff. For example, care given by a physician carries more weight than treatment provided by a chiropractor, and most likely will result in higher compensation.

 

Your chances of recovering an amount you find satisfactory will depend on the proof you provide about the pain and suffering. It is important to support your claim with as much evidence as possible, including pictures and personal journals, which will show your physical and emotional condition. Be sure to include documentation from all physicians, including mental health professionals.

 

When faced with a personal injury due to an accident, your priority is to seek medical attention. The next step is to contact a personal injury attorney who can protect your rights and guide you throughout the process of filing a claim for pain and suffering compensation with permanent injuries.