Legal Guide

What is a fair settlement for pain and suffering?

If you’ve been injured in an accident, you may be entitled to compensation for the costs of your medical bills, prescription meds, physical therapy, property damage, lost wages, etc. Well, that’s great, but an insurance company paying you back for your expenses isn’t quite the same as if you had never been involved in an accident? What about the physical pain you’ve experienced, the emotional trauma, the loss of physical capacity, and just the fact that you would have rather have lived your life without the massive inconvenience of an accident? How will you get compensated for all of that?

In most states, you can collect pain and suffering damages in addition to reimbursement for all of your monetary expenses. Contact a personal injury lawyer in your area to pursue both your economic and non-economic damages.

How are pain and suffering damages calculated?

Because there is a history of personal injury cases in nearly every state, experienced personal injury lawyers who handle accident claims are familiar with the types of settlements that the civil courts in their respective states will pay out for each type of claim. These pain and suffering damages can range from minor amounts for things like bruising or swelling to substantial amounts when the victim loses a limb or becomes permanently incapacitated. Sometimes, pain and suffering are configured on a multiplier system. With the multiplier system, the attorney will multiply the economic damages to come up with a pain and suffering amount. For instance, if the monetary damages are $100,000 and a .5 multiplier is applied, the noneconomic damages will be $50,000. Attorneys also use a per diem system, which pays the victim a certain dollar amount per day for their injuries.

FAQ About Pain and Suffering Damages

The Northern California Brown & Gessell law firm recommends that you seek legal advice from a qualified personal injury lawyer in your state. The information in this article should not be construed as medical or legal advice.

Do I need to tell my attorney that I’m experiencing physical pain to collect pain and suffering damages?

You should be able to disclose any information relevant to your case to your personal injury lawyer. With that said, an accident attorney will know to seek damages for pain and suffering. More than likely, they will be asking you pertinent questions about your pain.

The insurance company settlement offer doesn’t include pain and suffering. How do I get them to add it?

You should never accept an insurance settlement offer without first speaking to an accident injury lawyer. Most insurance companies will give you a lowball offer, and negating pain and suffering is one of the ways that they reduce the settlement amount. Call an attorney today to discuss the insurance offer.

What if I can’t afford a personal injury lawyer?

Most personal injury law firms work on a contingency basis. That means that they don’t accept upfront payment. When they win your case, they deduct their fees from the final amount.

If you’ve been injured in an accident, you deserve compensation. Call a personal injury lawyer before it’s too late.


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