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How Is Pain and Suffering Calculated?

Posted on in Personal Injury

California accident attorney, California injury lawyerMany injured people and their families have heard of awards for pain and suffering. In many cases, pain and suffering can be a sizable part of a settlement or award for a personal injury claim. Pain and suffering can be awarded in almost any accident, including car accidents, slip and falls, civil assault proceedings, and catastrophic injuries.

Some who are unfamiliar with the law assume that pain and suffering awards are arbitrarily set. People assume that this number is grabbed from the sky by a jury based on how they feel about the victim and the person who was at fault.

This is usually not the case. While pain and suffering seem like an abstract concept, there are ways that professionals who deal with personal injury cases assess what a pain and suffering award will likely be.

What Is Pain and Suffering?

Pain and suffering is a type of injury that an accident victim experiences. Other types of compensable injuries are medical bills and lost wages. However, these types of injuries come with a readily-identifiable amount. It is usually straightforward to prove how much a medical procedure costs or how much money you lost because you could not earn a paycheck.

The award for pain and suffering is meant to compensate you for the physical discomfort and limitations you experience due to the accident. It is critical that the pain you feel is directly related to the accident.

Two Ways Pain and Suffering Is Measured

Many cases settle before going to trial. That means that the insurance company will make you a settlement offer and your attorney will assess it to make sure the offer is fair and similar to what a trial would yield.

There are two ways insurance companies tend to assess pain and suffering:

  1. Review medical bills. The total amount spent on your medical treatment is usually multiplied by a number between one and five, depending on the severity of your injuries; or
  2. Cost per day. After a doctor determines how long it will take you to recover, the number of days you are not healthy is multiplied by an amount, which can vary and is sometimes tied to the amount of money you would be making on the job each day.

Contact a San Jose, CA Personal Injury Attorney

A personal injury attorney will be able to tell you more about what you can expect from your case, including damage awards. Attorneys have tools available to them to guide them in these estimates and deal with insurance adjusters regularly. It may even be the case that the county where your accident occurred will have some bearing on the amount of the award you will receive. Call the experienced San Jose personal injury lawyers at the Jachimowicz Law Group to set up your free initial consultation today. Our firm can be reached at 408-246-5500.

 

Source:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1431.2.

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