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After an accident caused by someone else’s negligence, the physical pain and emotional trauma you’ve experienced can continue to affect your life long after the injuries have healed. While putting a dollar value on your noneconomic damages can be difficult, the personal injury claim should include compensation for these losses, along with your medical expenses and lost wages. Understanding how pain and suffering is calculated will help ensure you get the full award you deserve.

What Is Pain & Suffering?

Pain and suffering in a personal injury claim refers to both the physical discomfort you’ve endured and the mental and emotional trauma. Your personal injury award should cover the suffering you’ve already experienced, as well as the negative effects you’ll have to live through in the future.

How Do Personal Injury Attorneys Calculate Pain & Suffering?

personal injury claimMore serious injuries with longer recovery times typically result in higher awards for pain and suffering. For instance, victims who experienced broken bones will likely be able to demand more than someone with cuts and bruises. Long-term injuries that may affect your life for years to come are also entitled to higher awards for pain and suffering.

When filing your personal injury claim, an attorney may use the multiplier method, which is based on the amount of your financial losses. Usually, the multiplier is a number between one and a half and four, with higher numbers chosen for more severe injuries. That number is then multiplied by the total amount of your medical expenses and lost wages to arrive at a fair settlement amount. For instance, if your losses totaled $10,000 and your attorney chooses three as the multiplier, they’ll demand $30,000 for all of your losses.

What Are Some Alternative Ways to Calculate Pain & Suffering?

In some cases, your personal injury attorney may use a per-diem method, which starts with assigning a dollar value for every day you’re in pain. Counting the days between your accident and recovery provides a relatively simple way to calculate pain and suffering. Insurance companies, on the other hand, often use special software to determine what they think your personal injury claim is worth.

 

If you’ve been hurt through no fault of your own, Kidwell & Gallagher will fight for your rights and the compensation you deserve. Their team has been serving accident victims throughout the Elko, NV, area for over 20 years, earning recognition and awards from a variety of leading national organizations. Visit their website to find out how they can help with your personal injury claim, get more tips and updates on Twitter, and call (775) 738-1000 to schedule a free initial consultation.

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