Category: Personal Injury

How Is Your Pain & Suffering Calculated

Posted by: Kemmy Law Firm

You can recover for many types of losses after a personal injury, including medical costs, lost wages, pain and suffering, and more. While most damages are easy to calculate with exact amounts that can be determined and documented, pain and suffering is more subjective. The insurance company may even discount it entirely and try to deny compensation for your pain and suffering.

With over 50 years of combined legal experience and millions recovered, at Kemmy Law Firm we know how to pursue fair compensation for the pain and suffering that you endured. Let us gather the evidence, submit expert witness testimony, and demonstrate exactly how the accident impacted your life.

With offices in San Antonio, Midland-Odessa, and Hobbs, NM, we will listen to your story and give you a realistic assessment. Call (210) 735-2233 today. There’s no risk in calling because we offer free initial consults, and are only paid when you recover compensation

How to Calculate Pain and Suffering

Pain and suffering is a noneconomic damage that cannot be easily quantified. That means that it is not directly linked to monetary loss in the way that you have had to pay medical bills or lost money from being unable to work. However, you can still get compensation for pain and suffering even if it did not cause you to pay out of pocket expenses.

In many cases, pain and suffering is calculated as a percentage of your monetary losses. That percentage varies according to the severity of your situation. For example, if you had $30,000 in medical bills and lost wages, then the insurance company may offer you $60,000 for pain and suffering or $90,000 total.

Keep in mind, every insurance company uses a different formula to calculate pain and suffering.

In many settlements, the insurance company will not specify that they are giving you money for pain and suffering. Instead, they offer a flat amount to compensate you for your entire claim. It’s important to work with an attorney who is familiar with the way that pain and suffering is calculated to make sure you are getting a fair amount from the insurance company. They will often try to short change you and you won’t get what you deserve.

Pain and Suffering in Car Accident Cases

After a car accident, you deserve to be compensated for your pain and suffering as well as damages like disability, disfigurement, and other noneconomic damages. Your car accident lawyer can help you value your noneconomic damages and make a demand from the negligent driver’s insurance company.

Pain and Suffering in Truck Accident Cases

Injuries are often a lot more severe after truck accidents because of the intensity of the impact. It’s likely that you need long-term medical treatment and will experience considerable pain and suffering for an extended period.

For instance, if you are out of work for longer or in for a long physical recovery, this often means estimating the future value of your pain and suffering when making a demand. You can do this by using expert witnesses and medical professionals who can present information about the future of your health and possible scenarios.

Kemmy Law Firm regularly works with experts who can properly value your pain and suffering after a truck accident. We will make sure the insurance company pays you what you deserve now and in the future.

Contact Kemmy Law Firm to Calculate Your Pain and Suffering

Kemmy Law Firm is a family-run firm of dedicated injury lawyers, who focus on getting our clients the most money possible after an accident. There is a lot to consider before settling your claim, and how to properly value your pain and suffering is one of them.

Don’t accept a settlement or speak with an insurance company without speaking to an attorney. Call the Kemmy Law Firm at (210) 735-2233 for a free, no-risk consultation.

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When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.