Whether you slip and fall at work, get hurt in an auto accident, or experience complications from medical procedures, you might be entitled to compensation under personal injury laws. After filing a third-party claim, the insurance company of the liable person will pay damages to cover medical costs and lost wages. The insurer will also take pain and suffering into account when deciding on a settlement amount, which is determined in the following ways. 

Algorithms Can Be Used to Determine Settlements

Under personal injury law, pain and suffering can include physical injuries as well as emotional and mental trauma caused by the incident. To determine what to offer in a settlement, some insurance companies use computer programs to calculate the level of pain and suffering. Information about the case, including the nature of the injury, the type of medical procedure the plaintiff underwent, and the length of the treatment, are plugged into the system. The information is calculated to determine an appropriate settlement offer. Insurers will also review evidence, including pictures of injuries, medical reports, documentation of treatment, and personal journals, to get a better idea of the severity of the damage and its lasting effect. 

Insurers Might Consider the Plaintiff’s Request

It can be challenging to assign a dollar amount to your pain and suffering, which is why you should contact an attorney familiar with personal injury law for help. They often use two methods to help clients determine what they should ask for in the settlement agreement. In one approach, a personal injury attorney might multiply the quantifiable damages, including the monetary amount of medical bills and lost income, by a number between one and five, with five indicating that the pain and suffering were particularly severe. In a second approach, they might assign a specific dollar amount to each day after the accident until the plaintiff fully recovered. Adding together the dollar amount for each day provides the sum to request in the settlement. Although an insurer isn’t obligated to adhere to the request, they can consider it.

Experiencing any injury can be frightening, which is why you should reach out to the attorneys at Privette Law Office in Willow Springs, MO, for help. With experience handling personal injury law cases for clients in southern Missouri, they will determine the best approach to take to get you the compensation you deserve and help get your life back on track. They will also share advice to avoid future incidents and unnecessary legal complications. To schedule a consultation, call (417) 469-3535. Visit the law firm online for an overview of additional practice areas.