Midland & Odessa Personal Injury Attorneys
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Calculating the Value of Pain & Suffering Damages in an Injury Claim

After you have suffered a serious personal injury due to the negligence of a third party, you have the right to pursue damages to help you recover lost finances related to the accident and injury. For the most part, people know they need to file an injury claim to recover the cost of hospitalization, emergency medical care, and lost wages. All of these damages can be calculated in a somewhat straightforward fashion by adding receipts, bills, and missing paystubs together.

However, economic damages that can be printed on a receipt are not the only type of damage you can probably recover after an accident that was not your fault. You are likely able to pursue noneconomic damages for your undue pain and suffering. Yet, if noneconomic damages are not something you can measure easily with bills, how are they measured? What do insurers and personal injury attorneys use when calculating damages for pain and suffering?

Putting a Price on Pain for Your Gain

Overall, there is no universal standard for calculating noneconomic damages. This is why they are often so hotly contested by insurance companies who do not want to pay out anything beyond the bare minimum – and they would like to avoid doing even that. There is a widely accepted way to measure pain and suffering damages, though.

Many injury attorneys take the known economic damages and multiply it by a “pain factor” or “intensity scale” between 1.5 and 10 to get the noneconomic damage amount. By referencing doctors’ notes and reviewing how an injury or accident has negatively impacted the plaintiff, an injury attorney can try to decide a fair multiplier. For example, someone who slips, falls, and dislocates a shoulder might have a low multiplier, perhaps 2 – but someone who gets hit by a drunk driver and becomes paralyzed may have a high multiplier, possibly up to 10.

The goal is trying to reach a noneconomic damage number that a court will approve, or that the insurance company will agree to in a settlement. A careful calculation can expedite the claim and get money to the plaintiff sooner than later.

Call Our Midland Personal Injury Attorneys – (432) 214-8125

Dean Law Firm and our personal injury lawyers in Midland have more than 20 years of total legal experience with an intentional focus on plaintiffs’ cases. If you or a loved one have suffered due to the injuries caused by a third party, talk to us about filing a claim for a compensation amount that includes a fair consideration for your noneconomic damages.

Contact us today and ask for your free initial consultation to begin.