You can claim pain and suffering after an injury, but how do you calculate it?
Whether it is due to medical malpractice, a slip and fall, or some other personal injury, all personal injury claims are filed so accident victims can claim compensation for their losses. This compensation is known as damages, and there are many common types. Medical expenses and lost income are two of these, but there are other types, as well, such as pain and suffering.
Damages that have a concrete dollar value are known as special damages in Texas. This includes costs such as medical expenses and lost income. General damages, on the other hand, are losses that are not as easily quantifiable, such as pain and suffering. So, if you have been hurt in an accident, how will an attorney calculate these damages for you?
The Multiplying Method
One common way to calculate pain and suffering is through the multiplying method. With this method, the special damages are added up, according to their dollar value. This sum is then multiplied by a certain amount, typically a value between one and five. The amount decided on will depend on how serious the injuries are.
For example, if the accident victim’s medical bills total $5,000 and their lost income totals $5,000, that total would equal $10,000. An attorney can then determine which value to use based on the severity of the injury. If the attorney determined that the injuries are not so severe, they may choose a multiplier of two. This would place the total value of pain and suffering at $20,000.
The Per Diem Method
The term ‘per diem’ is a Latin term that means ‘per day.’ As the name would suggest, when using this calculation, an attorney will determine how much pain and suffering a person suffers by the day. They will then use that value and multiply it by the number of days there are between the day of the accident and the day the accident victim will reach maximum recovery.
For example, if an accident occurred on October 1 and it was thought that the victim would make a full recovery by December 31, that is a total of 92 days. If an attorney determined that the accident victim’s pain and suffering was valued at $100 a day, that would place a value of $9,200 on pain and suffering.
Why an Attorney is Important
Many times, it is not the negligent party that pays the compensation but their insurance company. These companies are skilled at claiming that the accident victim is exaggerating the amount of pain they are in to obtain more compensation than they need.
For this reason, it is crucial to speak to an attorney that knows the tricks insurers use, and how to combat them. An attorney can argue the severity of the victim’s injuries, the impact they have had on the victim’s life, and the amount of time it will take for the victim to make a full recovery.
Our Texas Personal Injury Attorneys Can Accurately Evaluate Your Claim
If you have been hurt by another person’s negligence, you may be entitled to compensation. There are many reasons you should let a Brownsville personal injury attorney help you with your claim, and correctly evaluating your claim is one of them. If you are injured, call the Law Office of Raul A. Guajardo at (956) 621-2738 to speak with one of our attorneys today.