Injury claims payments consist of two types of compensatory damages. There are first “special damages” that can be calculated in definitive dollar amounts by totaling medical billing documents and property damage claims. Compensation for lost wages can also fall into this category of a claim settlement. The other is “general damages” that are not necessarily supported by documentation for a specific amount, but are instead calculated according to the severity of injury and ongoing prognosis by medical professionals for the injured claimant. Pain and suffering damages are typically the component of an injury claim that makes the injured party financially whole after the fact, and they usually follow a certain calculation formula.
What is Pain and Suffering?
All personal injury claims will have a pain and suffering damages component. Many injured victims have life-long problems with certain injuries, and the level of difficulty the claimant suffers makes a significant difference in any treatment regimen that will generate documentation. Elements can range from disruptions in daily routine to issues with mobility or paralysis, which is common with severe injuries. The amount of time the injured party is expected to live can affect a claim as well, so age can also be an issue in a settlement offer amount. Mental anguish resulting from dealing with the injury can also be claimed as an injury when supported by medical professional evaluation. These are all personal difficulties that can be claimed when a settlement for pain and suffering is negotiated.
How Do You Calculate Pain and Suffering
One of the first questions many claimants have about their case is how their general damages compensation is calculated. There are two methods that most insurance companies and courts use as a pain and suffering calculator. The first and least used is the per diem method. This is a basic calculation that is often used for recoverable injuries that create problems only through the rehabilitation period. The problem many claimants face without legal counsel is being short-changed in this valuation process because a daily rate is used with a full release for further medical coverage. The actual extent of damage is important, and insurance companies often use this to reduce claim payouts. The primary calculation method the courts use is the multiplier method.
Determining a Multiplier
The most difficult step of arriving at equitable compensation for an injury is establishing the multiplier number. This is generally relevant to the severity and future problems associated with the claimed injury. This is best accomplished by having comprehensive legal representation that handles personal injury cases on a regular basis. The multiplier is usually between one and five, but the court can intervene and set the number when a denied claim goes to court. All plaintiff attorneys argue for a high number because it is a major factor in obtaining maximum financial damages for clients.
How Special Damages Affect Pain and Suffering Compensation
The multiplier calculation method is most common when determining general damages for pain and suffering, and the special damage total is the number that is multiplied. This is why compiling medical bills and making all appointments is necessary for an equitable compensation package. Rehabilitation therapy can be especially important because insurance companies can contest the seriousness of the injury. Each appointment or treatment session generates documentation for attorneys to use in building a maximum value case. Special damages can also include compensation for lost wages when they apply that can be calculated to an exact amount with documentation, which is very important in workers’ compensation claims. Financial recovery for lost wages is a major benefit in workers’ compensation insurance claims, and the amount of lost wages increases the special damage total when general damages are available if employers can be proven negligent.
Potential Claim Denials and Reductions
Certain personal injury cases like workers’ compensation insurance claims fall under specific state laws for workers that often exempt employers from liability for pain and suffering claims stemming from valid workplace injuries. However, experienced workers’ compensation attorneys understand when general damages for pain and suffering could be available. Negligence is still an issue for employers, and evidence such as citations for OSHA violations or proof of unsafe conditions as evidence in a claim can establish standing for a standard personal injury lawsuit in the state court system. Many injured victims do not understand this legal rule, so many do not pursue the option when employers follow the guidelines and maintain safe work places. An experienced personal injury attorney may be able to evaluate case particulars and find additional avenues of compensation when insurance company settlement offers are insufficient.
Choosing the Right Pain and Suffering Calculator
Both pain and suffering calculation legal tools have their advantages and disadvantages. The per diem method depends largely on cost per day of imposition due to an injury. This method can actually produce good results in certain instances when daily compensation amounts can be agreed upon by all parties. The number of days can be a set amount as well, which generally produces commensurate compensation amount based on verified documentation. The primary disadvantage is fear of a settlement well below the actual value of the claim. The multiplier method also has its drawbacks when special damage totals are not exactly accurate based on the extent of injury. Some injuries cannot be rehabilitated and carry life-long damage, and often this is not reflected in the medical bill or lost wages totals. In addition, the actual multiplier number is highly arguable, which means that the attorney can have a major impact on the value of any settlement. And when punitive damages may apply, it can also be used as a method of arriving at an adequate settlement for the insurance company to avoid a punitive award in court.
The general damage component of every injury claim is the most vital, and it can assuredly be impacted by material case details. Following all medical professional suggestions and being focused on rehabilitation by attending all appointments can help considerably in maximizing pain and suffering damages. Arriving an equitable total can be a challenge, which is why this is the part of a settlement where experienced legal counsel is a must.