Apart from medical malpractice injuries, there is usually no cap on how much an insurance company can pay for pain and suffering. Compensation is commonly based on the seriousness of your injuries combined with the resulting economic and non-economic damages.
Calculating Pain & Suffering Damages
First, it's important to know that Florida law requires that in most cases your injuries be permanent in order to be compensated. Your doctor must state in the medical records that your injuries are permanent.
Once that it determined, the insurance company will then take into consideration a variety of evidence factors, including but not limited to:
This is why it is critical to keep and organize all documentation, bills, and receipts related to your injury and subsequent pain and suffering. It's also a good idea to record your daily experiences in a journal. This will provide a firsthand account of the ongoing mental and emotional distress caused by your physical injuries.
Using this information, insurance companies will commonly use one of two methods to calculate your pain and suffering compensation: 1) the multiplier method or 2) the per diem method.
1. The Multiplier Method
The insurance company will essentially add up all economic damages and then multiply that by a set number, usually between 1.5 and 5. The higher the economic damages are, the higher the pain and suffering damages will be. And to determine that number by which they multiply, a degree of seriousness will be applied to your pain and suffering.
2. The Per Diem Method
"Per diem" means "per day." So the insurance company will determine how much compensation you should receive on a daily basis. They take into account the ongoing challenges you face short-term and long-term.
Other Factors
The insurance company will also determine the value of your pain and suffering damages based on your likeability, your credibility, and even your criminal record. They will review witness statements and testimonies, including expert witnesses such as medical experts, ther. They look for exaggerations, inconsistencies, and inaccuracies in the information you provide. They may even investigate your social media profiles.
Once that it determined, the insurance company will then take into consideration a variety of evidence factors, including but not limited to:
- lost wages
- therapy and rehab expenses
- prescription costs
- medical treatments
- vehicle repair costs
- missed earnings
- disfigurement
- PTSD and day-to-day trauma
This is why it is critical to keep and organize all documentation, bills, and receipts related to your injury and subsequent pain and suffering. It's also a good idea to record your daily experiences in a journal. This will provide a firsthand account of the ongoing mental and emotional distress caused by your physical injuries.
Using this information, insurance companies will commonly use one of two methods to calculate your pain and suffering compensation: 1) the multiplier method or 2) the per diem method.
1. The Multiplier Method
The insurance company will essentially add up all economic damages and then multiply that by a set number, usually between 1.5 and 5. The higher the economic damages are, the higher the pain and suffering damages will be. And to determine that number by which they multiply, a degree of seriousness will be applied to your pain and suffering.
2. The Per Diem Method
"Per diem" means "per day." So the insurance company will determine how much compensation you should receive on a daily basis. They take into account the ongoing challenges you face short-term and long-term.
Other Factors
The insurance company will also determine the value of your pain and suffering damages based on your likeability, your credibility, and even your criminal record. They will review witness statements and testimonies, including expert witnesses such as medical experts, ther. They look for exaggerations, inconsistencies, and inaccuracies in the information you provide. They may even investigate your social media profiles.
Common Types of Pain & Suffering
Pain and suffering can range from physical, emotional, and mental injury or distress, including:
These types of suffering can last for years and can cause major negative impacts in your life, but they need to be proven to be considered in a pain and suffering compensation settlement. This is where detailed medical documentation, personal journal entries, and witness statements come into play.
- Back and neck pain
- Broken bones
- Headaches
- Sprains
- Brain injury
- Depression
- PTSD
- Insomnia
These types of suffering can last for years and can cause major negative impacts in your life, but they need to be proven to be considered in a pain and suffering compensation settlement. This is where detailed medical documentation, personal journal entries, and witness statements come into play.
Getting the Highest Settlement for Pain & Suffering
This is where a good attorney comes in. Dealing with the insurance company can be tedious and overwhelming, especially for someone already dealing with the effects of a recent injury. The right attorney will be able to build a strong case that highlights your unique circumstances in order to negotiate with the insurance company for the highest pain and suffering compensation.
If you want to pursue pain and suffering compensation, call Wilkes & Mee today. Our Jacksonville car accident attorneys will help you build a detailed case and negotiate with the insurance companies.