If you have been injured because of someone else's recklessness, you can usually seek compensation from the other party's insurance company.
After establishing the defendant liable for your injuries, you should present evidence of all your injury and losses with the accident. The insurance company will give amount for your medical expenses as well as the losses you had suffered during the accident.
In this article, I will discuss when an insurance company will provide you with compensation for pain. Further, I will tell you how your pain and suffering will be calculated.
What are Pain and Suffering?
Pain and suffering is a legal term that refers to an injury that a plaintiff has suffered as a result of an accident. It covers not only physical pain but also emotional and mental trauma like fear, grief, insomnia and loss of enjoyment.
In every accidental case, the plaintiff should be able to receive a small amount and often big amounts are being compensated for pain and suffering.
How does a company calculate pain and suffering damages?
Let me tell you clearly, there is no such rule for how an insurance company will calculate pain and suffering. Trained and experienced advocates use one or two methods for calculating suffering.
The first way to calculate pain is to multiply the plaintiff damage (medical expenses) by a certain number between 1 to 5 depending upon the injury. For example, if the plaintiff suffered 5000 rs medical bills related to a broken leg, he may multiply by 3 and conclude 15000 rs. These 15000 rs represent an accurate and reasonable amount of pain.
Every plaintiff lawyer uses the Latin term (per diem) per day method, under this method almost 1000 rs is assigned for every day from the day of the accident. Until the plaintiff reaches maximum recovery rs 1000 is assigned for every day.
There is no such obligation for the insurance company to consider these types of methods in calculating pain and suffering. Perhaps many companies use a computer program to calculate what amount should be allotted for pain and suffering. These types of programs are not only used to calculate pain and suffering but also medical treatment and injury.
Let me give you a short example: insurance companies always consider treatment by physicians to signify serious injury. If you are having treatment with chiropractors than by physicians insurance companies do not sign it as a serious injury. The insurance company will also calculate the time of treatment if time is excessive for the injury then the company will not include the treatment in pain and suffering.
Methods that calculate pain and suffering.
The multiplier method is one of the basic methods of calculating pain and suffering damages. Multiplier method uses our medical bills as a basis for pain and suffering damage. Ok, it is well known that serious injuries took time to heal.
Your total medical bill will be multiplied equal to the value of your pain, you will get compensation according to your suffering. For example, if your multiplier is 3 and your medical bill is 5000rs then the damage would be 15000rs. However, the insurance company will argue to lower the multiplier but you have to show proper evidence.
The Per Diem Method.
This method is similar to the multiplier method. However, the company measures your pain and suffering from several days between your injury and your release. The amount is based on the method mentioned above. Therefore your per diem is higher if you sustained long term injury like surgery, therapy etc.
The value of your pain and suffering is calculated by multiplying the per diem by the number of days you have spent in the hospital.
For example, your doctor released you after 30 days and your per diem is 500. Then the value of your pain and suffering will be (500×30) 15000.
Proving pain and suffering.
How to prove damage of pain and suffering Although it is recoverable. These types of injury take many forms of evidence, the more evidence you have you claim will prove to be proven.
The extent of your injury, pain and suffering can be evidenced through the proof you have such as photos, journals that record your physical and mental feeling.
Your friend's documentation may provide additional evidence of the way that particular injury is affecting your life. If you have proof of treatment by a mental health Doctor, it is necessary when you are claiming injuries such as anxiety and depression.
How do you know what is fair?
Ok, tell me if an insurance company makes a settlement offer with you that includes pain and suffering compensation. How will you know if it is a reasonable offer just look above? I have told you to use the multiplier method to know?
After using this method think whether any other circumstances may increase your compensation. For example, if injury gives your permanent mark on your face that will ruin your beauty, it will be a reasonable point to increase your pain and suffering.
Keep this thing on your mind while you are negotiating with the insurance company. These points increase your compensation; it may double your amount.
Then the insurance company will choose whatever method that will lowest your compensation. But you have to be aware and take proper counseling from your advocate. Put all your evidence in front of the insurance company that will make your point strong. Proper evidence will help you to get your compensation quickly.