The amount of compensation you can request for pain and suffering will all depend on the overall severity of the accident and the injuries you suffered. In every car accident case it is best that you speak with an experienced personal injury attorney, even if you believe your injuries are minor or that you did not suffer any injuries. Consulting with an attorney will make it easier to understand this situation and how you can go about putting together a number for pain and suffering compensation.
Who is Eligible to Receive Pain and Suffering Compensation?
When you mention pain and suffering you are mentioning a term that is considered a catch-all. This means that pain and suffering is often lumped into the term known as general damages. General damages are those that do not come with a monetary value, such as anguish, emotional stress, pain and suffering, stress and physical pain. Disabilities, inability to return to work, and permanent injuries are all included in this category of damages. The most simple answer to this question is any person involved in a car accident who has losses that go past lost time at work and medical bills can receive compensation for pain and suffering.
What Type of Amount Should I Request?
It is incredibly difficult to monetarily quantify pain and suffering since it is not associated with any actual financial losses. Insurance carriers have developed their own formula to determine what they will pay to victims claiming pain and suffering. This formula has three parts to it:
- Begin with Amount of Money Already Owed to You: The insurance company will begin by adding the medical costs from the accident, repair costs to the car, and any other bills you have incurred.
- A Rating Will be Assigned to Your Case: This likely sounds very harsh and difficult to do. Well, you aren’t wrong. It is a subjective part of the formula used by the insurance company involved in your case. The insurance company will look at the severity and length of your injuries and subsequent suffering from those injuries. For example, you are likely to be assigned a higher rating if the suffering is expected to last for the rest of your life.
- Rating is Multiplied to Determine Starting Number: Once the rating is assigned to your case it will then be multiplied to determine the starting number. The insurance company will take the number of medical and other costs, say $60,000, and then multiply it by your rating, say 4. This means that you would be offered a total of $240,000 by the insurance company.
This is a very imperfect formula used by insurance companies, but it tends to work well for people who have suffered tragic injuries in Atlanta car accidents. These victims will receive the most for their pain and suffering because their injuries are expected to last the longest (more than a couple of months).
Contact an Attorney Today
Were you or a loved one injured in an Atlanta car accident? If so, it’s time to speak with an experienced personal injury attorney about your case and how much you can request for pain and suffering. Call the office of Schnipper Law, P.C. today to schedule a consultation at 404-458-9507.
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