Pain and Suffering Explained in Full
Pain and suffering are a legal term used to denote any harm- either physical, psychological, or emotional- caused by an accident to any person. These accidents could be the result of a multitude of issues, such as a workplace accident, a hit and run, or an unintentional attack on someone. Physical injuries include any damage done to the body.
This can be slight to extreme, ranging from anything to a sprained ankle to hospitalization due to getting grievously wounded on the head or due to work-related accidents. Emotional and psychological issues include insomnia, restlessness, anxiety issues, depression, post-traumatic stress disorder, etc. In almost every court case relating to pain and suffering, the individual recovers some amount of money from the accused- the amount depends on the severity of the situation.
How are Charges for Pain and Suffering Calculated?
Insurance companies usually give different amounts for complaints regarding pain and suffering, depending on the severity of the situation.
- For slight trauma whether physical, psychological or emotional, the individual can be awarded an average of $1000. However, as the severity of the injury increases, as does the amount that the insurance company should pay to the victim.
- Usually, the amount given out as compensation is the medical amount multiplied by a number between 1 to 5. This is known as the Accident Settlement Calculator.
- Another method is the Per Diem Approach. In this, the accused party keeps adding $100 to give to the individual, from the day of the accident till the day the person achieves maximum recovery.
- However, nowadays, insurance companies do not calculate claim amounts manually. Rather, computer programs do the job for them. These programs not only calculate the amount which is to be given to the victim, but also the amount of the kind of medical treatment sought by the victim.
- Injuries are given more prominence according to the doctor used for treatment. For example, a person treated by a physician will have more precedence than a person treated by a chiropractor. In addition to this, insurance companies do not list all the treatments that the individual had to undergo, instead focusing on only the more important aspects of the person's treatment.
How to Prove Pain and Suffering?
Damages caused by pain and suffering are fairly simple to prove, provided that the individual has more than enough physical evidence to prove their loss and suffering at this time. This can be done through attestation via photographs, a journal documenting the daily treatment of the victim, and witness history from family and friends. In addition to this, if the victim has received a permanent physical disfigurement due to the accident, they are liable to account for the accident in court. These disfigurements can be anything from a visible scar on the face, to the loss of a limb, a change in gait, and being unable to walk without the help of a wheelchair anymore. In order to prove psychological and emotional damages, the statement of witnesses including the friends, family, or better half of the victim is crucial.
Ensuring the Best Offer
It is the onus of the individual in question to take up the best amount for pain and suffering for themselves, as insurance companies will not take special care for any case. In order to ensure the best compensation for oneself, the individual should ensure that all aspects are looked into properly, especially with regards to physical disfigurements. The Per Diem method is deemed the best way to get compensated for serious accidents, as the individual can be entitled to huge benefits.