If you’re hurt in a car accident, you may be entitled to recover monetary damages from the person at fault. These damages typically include compensation for medical bills, missed earnings and other economic losses stemming from your injuries. It can also include noneconomic damages, such as pain and suffering. These damages can be substantial but also can be difficult to measure.
The determination of pain and suffering damages requires placing a value on how the injuries you sustained affect your day-to-day life, both physically and mentally. This effect can be manifested in a number of ways, such as:
physical pain and discomfort from the accident or from necessary medical treatment and therapy
mental symptoms like sleeplessness, anxiety or depression
loss of enjoyment of life, including limitations on social life and on pursuit of activities
In weighing the potential value of pain and suffering damages, insurance company adjusters generally apply one of two methods:
The multiplier method — This adds up the victim’s medical bills stemming from the car accident injuries and multiplies them by a number between 1 and 5. The multiplier is based on such factors as the severity of the injuries, the victim’s prospects for recovery, the impact of the injuries on the victim’s day-to-day-life and the defendant’s degree of fault for the accident.
The per diem method — This assigns a certain dollar amount to every day the victim undergoes physical and mental effects of the injuries. That amount is multiplied by the number of days from the date of injury to some future date, which can be related to the victim’s life expectancy. The daily amount can be computed from factors similar to those analyzed in the multiplier method.
Whichever method is used by the insurance adjuster evaluating your personal injury claim, you and your personal injury attorney need to present detailed accounts of the ordeal you have been through. While your medical records may indicate how many times you have been to the doctor, they will not fully show your response to treatment. Your treating physicians can be asked to offer detailed testimony as to your state of health. Also relevant are the specific activities you have been forced to give up and details about how your pain has interfered with your mobility, general comfort and quality of life.
Ernest Law Group, PLC in Virginia Beach represents accident victims in personal injury cases throughout Virginia. Call us at 757-289-2499 or contact us online to schedule a free initial consultation.
Ernest Law Group, PLC is located in Virginia Beach, VA and serves clients in and around Norfolk, Portsmouth, Fort Monroe, Hampton, Virginia Beach, Chesapeake, Chesapeake City County, Hampton City County, Norfolk City County, Portsmouth City County and Virginia Beach City County.
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