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Pain and Suffering – Quantifying Personal Injury

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Personal injuries can take many forms, you may become permanently disabled or disfigured, or the pain may linger for long and affect your quality of life, or it may even cause trauma and make rehabilitation difficult. Whatever may be that case, you need to be upfront in describing how your personal injury has affected your happiness and daily life. This is what will get you the rightful damages in the USA, which you are genuinely entitled to.

Calculating personal injury damages

It is easy to calculate monetary compensation from your accident or the injury you have incurred, since the causes are easily quantifiable, such as medical bills, lost income, property damage and other such losses. However, when it comes to pain and suffering resulting from such accident or injury, which may manifest as discomfort, physical pain, emotional trauma, anxiety and stress, it is certainly difficult to measure in terms of money.

So, it is in your interest to find out how to file your personal injury lawsuit, to determine the value of your pain and suffering in terms of money. It will not be out of place to mention here that Lakota R. Denton, an Asheville, North Carolina, trial attorney is one of the best in business in quantifying personal injuries and winning damages.

How to quantify pain and suffering

Your attorney knows that quantifying pain and suffering is mostly subjective, it is how this is projected that wins damages. And the good news is, in most states, there is no cap on the value of damages that can be realized from individuals and private entities.

There are two ways for evaluating pain and suffering used by insurance companies. Let’s see what they are:

#1 Multiplier method

This method entails adding up the value of economic damages and multiplying the figure so obtained by 1.5 to 5 times. The higher end depends upon the severity of the injury, the total recovery time, its long-term effects, its impact on your daily activities and how grave was the perpetrators fault in the incident or accident.

It is in such situation you require a competent and experienced attorney, who is capable of successfully arguing for a higher multiplier and counter the defendant and his or her insurance company, who will be rooting for a lower multiplier.

#2 Per diem method

The per diem or daily rate method is used when you have not suffered long-term effects from your injury. In this, you get compensated for every day you have spent in pain caused by the injury and in recovering from your injury. In this, your daily work pay acts as the basis for calculating the daily rate.

However, the difficult part is explaining the daily rate used. Here again, it is your attorney, who will argue on this rate. More often than not, your attorney will use your actual daily earnings. This will reasonably justify and be at least comparable to the effort of going to work every day.

This method is not applicable for permanent or long-term injuries, which is all the more reason to hire a competent and experienced attorney. It is this legal expert who will get you the best compensation possible, arguing your case, supported by the data based on related verdicts and settlements.

The best approach

Personal injury attorneys are experts at negotiations. They apply both methods initially, irrespective of the widely different figures obtained and then negotiate, starting from the highest end of the settlement.

Conclusion

To get fair compensation for your personal injuries, it is most important to describe the pain and distress to your health care professionals and get the same recorded. This will become a part of the medical records and used by your attorney in arguing your case.