Personal injury claims are complicated enough as is. This is doubly true if you have no experience or prior knowledge on this matter. Now, many of you may have a slew of different questions about this subject. One of the most common questions we get about personal injury claims is how pain and suffering are handled in these types of cases. To help answer this question, we thought it would be useful to put together an article about this subject. If this is something that you’re interested in learning more about, read on as we break down everything you need to know about how pain and suffering are handled for personal injury claims.

What Is Pain and Suffering In an Insurance Claim?

Damages for pain and suffering are designed to cover the non-economic impacts of a serious accident. When you suffer serious injuries in an accident, you may find yourself dealing with a number of financial challenges, such as high medical bills or a loss of income if you can't work. These items, known as special damages, typically have a direct financial value that you can calculate.

What Counts As Pain and Suffering?

Serious injuries are often accompanied by substantial physical pain. For example, if you break any bones in the accident, you may have to endure pain as your injuries heal. Or, even after you're healed, you may still feel pain. Serious injuries, like burns, may also causes substantial physical pain.

Accidents often cause physical pain and suffering, as well as emotional anguish. For example, if you suffer a spinal cord injury, you might lose a lot of independence, which could be very distressing. Many people also struggle with PTSD, anxiety, or depression after an accident and the limitations it imposes.

While many injuries can be healed with time, some will leave behind permanent limitations that will change the way you live your life. This could mean that you are unable to work, or that you can no longer participate in activities that you once enjoyed. For example, you might have to miss out on special occasions with loved ones or miss out on experiences that you cannot enjoy because of your injuries. These losses can add to the emotional distress often caused by a serious accident.

How Do Insurance Companies Handle Pain and Suffering Claims?

Though many insurance companies factor in pain and suffering when issuing compensation, it's important to remember that they don't always do so automatically or sufficiently. In many cases, the settlement offer from the insurance company will only cover direct medical expenses or a percentage of them. In some instances, it may also include a portion of the wages lost because of the accident. If you sustained serious injuries from an accident, speak to an attorney about the compensation you might be entitled to for pain and suffering, and how to make sure the insurance company factors it into your claim.

How Do You Determine How Much Compensation Is Owed for Pain and Suffering?

The insurance company will usually calculate your compensation based on different key factors after you have an accident. However, you will probably receive one lump sum payment instead of a detailed breakdown of what you are owed. When you are negotiating your settlement offer, the insurance company may give you an offer that includes a total amount, rather than an offer that outlines how much you will get for each part of your claim or an offer that includes separate compensation for special damages (like pain and suffering).

Lawyers will often times start by looking at the amount of money you should be compensated for the accident, which normally includes the cost of your medical bills and the wages you lost because of the accident. After that, the lawyer will multiply that number to get an estimate of the amount of money you might deserve for pain and suffering. On the other hand, some lawyers and insurance companies will opt to calculate compensation for pain and suffering on a per diem basis. This means that instead of calculating compensation for pain and suffering based on a percentage of losses an individual has faced, lawyers will assign an amount for pain and suffering and multiply it by the number of days it takes to fully recover.

Depending on the severity of your injuries, you may or may not experience substantial physical pain. If you have a good doctor managing your condition, you may not feel much pain at all. However, some injuries can cause chronic pain that makes it difficult to focus on anything else. If you're dealing with this type of pain, it can consume your life. Talk to your attorney about the physical pain you've experienced during your recovery.

Some patients who have suffered serious physical injuries go on to develop mental health problems related to their injuries. For example, you may have increased anxiety, depression, or PTSD symptoms. This can make it hard to do everyday activities that you used to take for granted. If you have PTSD after a car accident, you may find it very difficult to get in a car or drive past the accident site. If your mental health has been significantly impacted by your injuries, you may be entitled to additional compensation. You may also be able to include the cost of treatment for your mental health condition as part of your personal injury claim.

Conclusion

We hope this article proves to be useful when it comes to helping you gain a better understanding of how pain and suffering play into personal injury claims. While it may seem complicated at first, the information that we’ve laid out here should help make things infinitely more manageable. Be sure to keep everything you’ve learned here in mind if you ever find yourself in this situation so that you can make the most informed decisions possible.

It’s important that you protect yourself as much as you can. If you are looking for experienced personal injury lawyers in Los Angeles, then we at Mendez & Sanchez Law are at your service. Our attorneys and team members are here to help you through the difficult legal landscape as we pursue the compensation you deserve. Call us today and let us discuss your current accident-related situation.