While there is no set amount that will be paid out for pain and suffering—as every case is unique—the insurance company will reach your settlement amount by examining your physical, mental, and financial anguish. Depending on the insurer and the circumstances surrounding the accident, some insurers multiply your hospital bills by a number between one and five to reach the compensation amount.
Regardless of the exact process used to determine your compensation level, the insurer will examine the whole of your injuries and how they affected every aspect of your life.
The Severity of Your Injuries Should Play a Role in Your Pain and Suffering Damages
Typically, the more pain and suffering the injury has caused you, the more you will be paid if your claim is successful. In the eyes of the courts and insurance companies, the less severe the injuries, the less money you should be entitled to.
This makes sense in many respects, as an individual who will need to use a wheelchair as a result of their accident may need more financial support to overcome their injuries compared to someone who simply suffered a sprained ankle.
Factors Considered for Pain and Suffering Damages
In a legal sense, pain and suffering can constitute any physical or mental anguish a victim has had to endure. This can take many forms, such as bills, chronic pain, anxiety, and more. As accidents of any kind affect much more than just your physical wellbeing, insurance companies will pay for your pain and suffering based on the hardships you have faced.
Further, compensation paid out in these cases may be used to address aspects of your related losses that can include, but may not be limited to:
- Damages to any personal or business-related property, such as vehicles, electronics, important sentimental pieces, and more
- Ongoing treatment needed for your recovery process, such as rehabilitation and medications
- Any form of bills that have accrued over the course of the injury and recovery period, including hospital bills, as well as bills related to your home
- Lost work and a loss of future employment opportunities
- Loss of head of household responsibilities, thereby putting a strain on your family both financially and psychologically
- Any form of mental anguish you have had to endure, such as mental illnesses brought on by the severity of the accident, including depression and post-traumatic stress disorder (PTSD)
- A loss of intimacy—either mental or sexual—with your partner, as well as general strains put on your personal relationships
- Loss of your ability to perform basic tasks or activities you once enjoyed doing
- Transportation methods that may be needed to get aid in your recovery, such as modified vehicles for those who have undergone amputations or victims who now suffer from limited mobility
- And more
Hiring a Personal Injury Lawyer to Help Reach a Settlement
You are not required to have legal representation in order to collect compensation for your pain and suffering. However, many victims choose to retain the services of a personal injury lawyer as it gives them comfort knowing that there is a legal team working on their case. As the field of personal injury law has a lot of moving factors and complicated processes to consider. Most victims find it easier to let a lawyer handle their legal case while they continue to move forward with their ongoing recovery.
A personal injury lawyer will work to gather and present evidence in your case, which will be considered in your ensuing legal proceedings. To attempt to prove who should be liable for your accident, a lawyer will examine a variety of factors, including:
- Photographic and video evidence
- Physical evidence from the accident
- Eyewitness statements who saw what occurred or witnessed the aftermath
- Victim impact statements
- Police reports
- Medical records
- And more
Our Personal Injury Attorneys Fight for Our Clients
The personal injury attorneys at the Morris Bart law firm have represented countless clients over the years during their fight for justice. When you have been wronged in an accident of any kind, you may feel like your life is falling apart at the seams. Our attorneys want to help guide you through the legal process so you can look forward to a brighter tomorrow.
To learn more about our personal injury services in your area, contact one of our Morris Bart law office representatives today at 1-800-537-8185 for your free, no obligation consultation.