Pain and Suffering in a Personal Injury Settlement
Personal injury is a legal term for any type of injury to the body or mind that is caused by someone else. Generally, this injury must be caused by the negligence of another person or party. A personal injury can be physical, emotional, or psychological. Examples of personal injury include:
- Physical pain and suffering
- Emotional pain and suffering
- Loss of enjoyment of life
- Disability
Pain and suffering is often one of the most important factors in a personal injury settlement. It is not always easy to quantify but can be extremely vital in personal injury cases. Contact a Florida personal injury lawyer from our firm to learn more.
What is a Personal Injury Settlement?
A personal injury settlement is a negotiated agreement between the victim and the offending party to settle all personal injury claims. Settlements may include compensation for pain and suffering and other types of damages. Settlements help avoid protracted legal battles and are often the best option for victims who need urgent compensation.
A settlement is reached when the victim and the defendant determine a financial amount on their own and sign a binding settlement agreement. Many factors can contribute to the chances of reaching a fair settlement agreement, including:
- The severity of the victim’s injuries
- Whether or not the defendant caused them
- The strength of evidence the victim has against the defendant
- If the deadline imposed by Florida’s statute of limitations is approaching
How Does Pain and Suffering Impact Personal Injury Settlements?
Pain and suffering damages are a form of non-economic damages that represent the physical injuries and emotional distress caused by a traumatic event. These damages are often awarded to the plaintiff when they have been physically or emotionally injured in some way by the defendant.
Pain and suffering can factor into a personal injury settlement along with medical expenses, lost wages, lost earning potential (if you are unable to return to work), and more. Having a personal injury lawyer on your side can help you get financial compensation to alleviate your current and future pain and suffering. Consider hiring a Florida personal injury attorney to maximize your personal injury settlement.
How to Calculate Pain and Suffering in Personal Injury Settlements?
One of the important steps to take after a car accident is to file a claim with the insurance company of the person at fault. This third-party claim is to seek compensation for losses of both your physical and mental pain and sufferings.
Different insurance companies have different ways to calculate pain and suffering. Therefore, it is important to consult with an attorney you trust to advocate your rights with insurance companies. The insurance officials want to close your case as soon as possible, providing you less compensation. In contrast, your attorney works to seek the largest settlement they can by looking at relevant facts closely.
Insurance companies usually use one of two methods for pain and suffering calculations –
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Multiplier Method
In this method, economic damages, including medical bills, property damage, wages loss(current and future), earning capacity, are calculated first. The total amount is then multiplied by any number between 1.5 to 5. The result is considered as the total compensation. The more severe the injury is, the higher is the multiplier.
For example, say your total economic loss adds up to $100,000. You have serious injuries but are unlikely to cause long-term suffering. In this case, the multiplier number of 2 is appropriate to use.
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Per Diem Method
In this method, a dollar amount is assigned to each day the plaintiff suffers the injury. The date is counted from the day of the accident to the date they completely healed mentally and physically. The rate is usually the victim’s actual, daily earnings.
The per diem method is complicated. Therefore, most companies prefer the multiplier method.
How to Prove Pain and Suffering?
To prove the pain and suffering and get the appropriate compensation, you need to hire a South Florida Personal Injury Attorneys at Law Offices of Wolf and Pravato. Our experienced Fort Lauderdale personal injury lawyers work transparently with you to get you the compensation you deserve. With every move planned, we deal with all the paperwork and legal challenges.
What Should I Do Before Accepting a Personal Injury Settlement Offer?
Insurance companies often make lowball settlement offers in hopes that you will resolve the matter as quickly and inexpensively as possible. You may receive this offer just days after your injury occurs. When you are injured in an accident, the first thing you should do is contact a personal injury attorney in Fort Lauderdale. A Florida personal injury attorney can help ensure that your settlement adequately covers your losses.
Before accepting any settlement offer, you must consult your lawyer. They know to assess the details of your case and determine if it is a fair settlement offer or not. There are no hard rules about how much you will get in a settlement – it depends on the severity of your injuries and many other factors.
When you receive a settlement offer, your personal injury attorney will inform you about it. You and your attorney can review the offer and discuss it before you make a final decision. If you accept the settlement, you will have to sign the agreement with the defendant. If the defendant reneges on the settlement agreement, you are free to pursue any remedies available to you against the defendant, such as filing a lawsuit.
How Much Compensation Can I Get for Pain and Suffering in a Personal injury Settlement?
A personal injury settlement includes compensation for pain and suffering, medical bills, lost wages, and more. The amount of compensation is usually determined by the severity of your injuries and their impact on your life, career, and finances.
Two types of damages are awarded in personal injury cases: general damages and special damages. General damages include things like pain and suffering, mental anguish, emotional distress, loss of consortium (companionship), loss of enjoyment of life, and loss of quality of life. Special damages include things like current and future medical expenses and current and future income loss.
We can never guarantee how much you will receive in a personal injury settlement, but we can calculate your losses to determine what a fair amount would be.
Should You Hire a Lawyer or Try to Settle Your Injury Claim Yourself?
We recommend hiring a Florida lawyer who specializes in personal injury law to help settle your claim. Your attorney can provide the legal advice, guidance, and expertise you need to get maximum compensation for your injuries. This is a very important decision that should not be taken lightly.
Our Lawyers Can Help Prove Pain and Suffering in Your Personal Injury Settlement
The Law Offices of Wolf & Pravato have handled personal injury claims and lawsuits for many years, helping thousands of clients get fair compensation for their injuries (including pain and suffering). We have the knowledge and experience to prove the seriousness of your injury and how much it impacted your life. Our Florida personal injury attorneys can help you get the compensation you need, including pain and suffering. To learn more, contact us today at (954) 633-8270 for a free consultation.
