Pain and suffering is a phrase that most car accident victims may be able to relate to. It is also a useful piece of legal terminology used to describe the physical pain and trauma of a claimant during an injury claim. This is good news because it means that your pain and suffering can be recognized and appropriately compensated for by employing one of our skilled personal injury lawyers to deal with your insurance company.
Pain and suffering spans a wide range of ailments, from aches and pains caused by impacts or abrasions during the car accident, right through to serious impairments of bodily activity. Even if temporary, these impairments may have left you unable to live your life normally – for example, by preventing proper childcare or exercise.
A pain and suffering claim may also account for mental and emotional distress. Again, this covers a wide range of things, such as:
- Anxiety around cars/roads
- Post-traumatic stress
- Emotional distress
- Depression
- Sleep issues
- Flashbacks
Claiming for the appropriate amount of pain and suffering damages following a car accident or injury can be a daunting process. A combination of lost wages and medical bills can turn a simple case of physical pain or injury into a downwards financial spiral. An insurance company will often make recovering your compensation as difficult as possible. With a personal injury lawyer from The Law Place, you don’t have to face this battle alone. Our firm will provide you with a lawyer to maximize your potential compensation when negotiating with the insurance company or, if necessary, filing a lawsuit.
Don’t settle for less than you deserve. Contact The Law Place for a free consultation today. We are available 24 hours a day, 7 days a week. Call now on (941) 444-4444.
How Much Compensation Can I Expect for Pain and Suffering Following a Car Accident?
Unfortunately, as pain and suffering are reasonably subjective and hard to measure, there remains no exact method to calculate the level of compensation you can expect.
Usually, there are a number of elements that can be used to determine the worth of a pain and suffering claim. The extent of both injury and medical treatment, as well as the pain and discomfort these resulted in, are major factors. A claim will also consider the amount of time required for the injury to heal, as well as the possibility that it may need future treatment. Finally, the effect that the injury has had on the life of the person suffering it is also considered. This final point covers a wide range of things, from how daily life has been affected to the more easily quantifiable figures, such as lost wages.
There are two methods that are commonly used to calculate pain and suffering damages, although there are other possible methods that can be employed by the insurance company.
The first method is what’s known as the multiplier method. This involves gathering a figure from the quantifiable damages, which may include things such as medical bills, lost wages, and property damage. This figure is then multiplied by a number between one and five, with a higher number representing a higher severity and/or length of time for the pain and suffering related complications. Permanent injuries or traumas, such as a brain injury or paralysis, may receive a higher multiplier than five.
The second method is the Pier Diem method. Pier Diem is Latin for per day, so this method basically entails working out a monetary value for each day that the pain and suffering continued. A person’s daily income is often used as a figure for their calculation, as a person must demonstrate a reason to the court for why they have decided on a specific figure. It would be unwise to employ this method for a long-term injury, as it will be much harder to calculate an appropriate figure.
An insurance company is under no legal obligation to calculate pain and suffering damages in this way. They may employ different methods, such as computer programs that can calculate an amount using inputted factors. It is also common for an insurance company to account for previous cases when calculating pain and suffering damages. If there is an established precedent for paying someone who has broken their leg a certain sum, they may attempt to use the same figure for your broken leg. In reality, everybody’s case is unique, and a figure you feel is insufficient should be fought.
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Can I Get Pain and Suffering Compensation Without Visiting the Doctor?
While it is entirely possible to get compensation for pain and suffering damages without visiting the doctor, it is in no way the recommended course of action. Testimonies and picture evidence may be used, but without concrete figures from a doctor, an insurance company or jury is more than likely to make a maximum offer that is insufficient in reality. It is also good practice to visit the doctor immediately following a car accident, as the full extent of an injury may not be instantly apparent, and you may be causing further damages by carrying on with life as normally as possible.
Your personal injury lawyer will work alongside your medical professional. The documentation of medical bills and the professional opinion of a medical practitioner go a long way towards providing the evidence for a successful pain and suffering claim. For this reason, it is vital that all appropriate records relating to the injury are kept. Examples of relevant records include medical bills, prescription records, photos documenting the injury and damages, as well as documents from your employer recording the time off work that the accident has cost you.
What Is the Average Compensation Payout for a Soft Tissue Injury?
Soft tissue injuries include any injury that damages the skin, tendons, ligaments, or muscles. Other damages, such as a herniated disc or whiplash, may also be considered a soft tissue injury. Soft tissue injuries are a common result of a car accident. However, they are often difficult to claim due to being invisible to the naked eye. For this reason, it is essential that the claimant document the injury fully and retain any medical information.
The compensation recovered from a soft tissue injury claim can vary widely. However, if the injury is causing pain and suffering, it is still worth investigating whether or not you have a worthwhile claim. Luckily, our law firm offers a free consultation. If you would like to get a more detailed estimate of your compensation potential for a soft tissue injury claim, then The Law Place can give you a detailed case evaluation.
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What Is the Process for Negotiating a Pain and Suffering Claim?
If you feel you have the potential to make a pain and suffering claim following your accident, the following is what you can expect from the process, both from yourself and from The Law Place.
Firstly, it is vital for your claim that you keep a record of all the expenses and documents related to your case. The more detailed and complete your record, the more evidence our personal injury lawyers will have to build a strong case to get you the full amount of compensation that you deserve.
Next, you should call The Law Place for your free consultation. Your case will be discussed thoroughly, and you will be provided with a clear view of the best legal options available to you. We will also disclose our fees and an explanation of what to expect going forward. The advice you receive at this stage will be based upon a rough guideline of how we expect your case to unfold, with previous cases from the past considered.
Next, your claim will be evaluated, and your lawyer will give their honest opinion on whether your case is eligible for compensation from the insurance company or whether a lawsuit should be filed. This depends on a variety of factors to do with the damages you incurred as a result of your accident.
Florida is what’s known as a no-fault state. This means that both drivers deal with their insurance companies, whether they were at fault in the accident or not. Florida Statute 627.7407 requires all drivers to carry a minimum of $10,000 dollars worth of Personal Injury Protection (PIP), as well as $10,000 worth of liability insurance for property damage.
Despite this figure of $10,000, your insurance company is only obliged to payout 80% of this for your medical expenses and 60% for lost wages. This situation leaves many people with an insufficient settlement. The only situation where this amount can be exceeded is if your medical bills exceed your insurance coverage.
However, if your medical bills do not exceed your insurance coverage, you still have legal options. Your lawyer will discuss the possibility of filing a lawsuit if they believe you deserve pain and suffering compensation that exceeds the amount the insurance company is offering. To do this, the lawyer must establish whether your injuries meet the required threshold.
This threshold states that car accident claims may only qualify for a pain and suffering damages lawsuit if the claim is for a permanent injury, significant loss of function, disfigurement, or death. If it is established that your accident caused one of these damages, it must then be proved that it was caused by someone else’s negligence and not your own fault.
Once your approach has been decided, your personal injury lawyer will perform a highly detailed investigation. The appropriate information about your pain and suffering damages will be gathered from your documents and the relevant medical professionals. Our lawyers also have trusted contacts who can offer services, such as accident reconstruction teams and experts in predicting the likely future costs of the pain and suffering from your accident.
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Contact The Law Place Today
If you have received damages as a result of an accident, you may be entitled to pain and suffering compensation. The best way to find out is to call The Law Place today for a free consultation. We will be able to review the facts, collect statements, gather evidence, and build a strong case to help you prove that the damages incurred in your accident and their resulting pain and suffering were the fault of another person’s negligence and not your own.
The process of navigating the complicated laws of Florida and dealing with insurance companies can be an upsetting and disheartening experience. Many insurance companies work to pay the least compensation possible, as often as possible. They have experienced legal teams who have been through this process many times. However, you don’t have to face them alone. The Law Place is here to help you achieve the justice you deserve for your pain and suffering accident damages.
The lawyers at The Law Place are accustomed to going above and beyond to secure the best possible results for our clients. We will devote our attention to the maximization of your compensation potential while remaining calm and compassionate towards you. We understand what a traumatic process a car accident and the subsequent claims can be. When choosing your law firm, it is important to know that you will be treated ethically and respectfully. The Law Place promises to offer you honest and unbiased advice concerning which legal options are best for your situation.
We are available for free consultations that work around your schedule as our phone lines are open 24 hours a day, seven days a week. Unlike other law firms, we operate our cases as a collective team. This means that you will benefit from over 75 years of combined legal experience. If you want the compensation you deserve for your damages, call us at (941) 444-4444 today to find out exactly how we can help you.
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