How is Your Pain & Suffering Calculated?

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) 750-1019 today. There’s no risk in calling because we offer free initial consults, and are only paid when you recover compensation

What Are Pain and Suffering Damages?

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, the insurance company may offer you $60,000 for pain and suffering or $90,000 total.

What Is Included in Pain and Suffering Damages?

Pain and suffering damages are meant to compensate injury victims for mental or physical anguish. Pain and suffering damages might include compensation for things like:

  • Bodily pain and physical discomfort
  • Loss of function of a body part
  • Mental and emotional distress
  • Anxiety or depression
  • Loss of enjoyment of life
  • Disfigurement or scarring

How Are Pain & Suffering Damages Calculated?

Remember, 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 injury attorney familiar with how pain and suffering is calculated to ensure you are getting a fair amount from the insurance company. They will often try to shortchange you and you won’t get what you deserve.

Determining Factors in Pain & Suffering Damages

The primary factors that influence the value of your pain and suffering claim is the severity of the injuries you suffered and the duration of your pain. Other factors include the psychological impact of your injuries and the type of treatment you’ve received and for how long. These factors are interconnected, but they emphasize how it’s essential to seek medical treatment immediately after your accident to establish the severity of your injuries.

How to Maximize Your Pain & Suffering Claim

The best way to receive maximum compensation for your pain and suffering is to document how your injuries affect your life. You can do this by keeping copies of your medical records and ensuring medical providers note your pain levels in reports. You should also attend all follow-up appointments with your doctors and stick to your treatment plan.

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.

Pain and Suffering in Car and Truck 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.

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.

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

Call Kemmy Law Firm Today for Help with Pain and Suffering Damages

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) 750-1019 for a free, no-risk consultation.

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Contact Kemmy Law Firm Today

(844) 334-4388 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

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.