How is Pain and Suffering Determined in a Personal Injury Settlement?

Indianapolis Personal Injury Law Firm  317-881-2700

Indianapolis Personal Injury Law Firm

There may not be any concrete or stringent guidelines for placing a dollar amount on a victim’s pain and suffering damages in a personal injury lawsuit; however, opposing insurance companies do make an effort to deliberate at great lengths in regards to the accident and injury that took place. There are many aspects of a case they consider, so continue reading to learn what these are and more about determining compensation for pain and suffering in a personal injury settlement.

Compensation for Pain and Suffering

If a person is injured as a result of another person’s negligence, that person may be entitled to certain compensation for their damages. Exemplary damages typically include hospital bills, medical expenses, lost wages, and of course, pain and suffering. More extreme cases can include many more types of damages, like prolonged rehabilitation, loss of companionship, mental anguish, PTSD, paralysis, wrongful death, and more.

When a victim sues for damages sustained from a personal injury, they generally seek compensation from the negligent party’s insurance company. The victim’s accident attorney will usually handle all communication directly with the opposing insurance company representatives to agree on a full and fair settlement. If a settlement cannot be reached, then the case will go to trial. In such a case, the victim’s side will need to prove that the opposing party is liable and guilty for their damages; and then provide proof and evidence of those damages. When it comes times to discuss pain and suffering, there are a few considerations that help courtrooms and insurance companies come to an accurate number.

Determining “Pain and Suffering”

Pain and suffering is a legal term used to describe all the accumulative mental and emotional traumas and inconveniences that a victim’s accident caused them. It will be considered whether or not the accident and damages caused the victim to experience worry, fear, depression, or lose happiness and enjoyment from life; but it is still a complicated process in determining and agreeing upon proper compensation for this. In most cases, the total number of monetary damages (medical expenses, hospital bills, lost wages, etc.) are calculated and multiplied by a number between one and five. The number used to multiply the amount depends on the severity of the damages.

Indianapolis Personal Injury Lawyers Who Can Help

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.

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