After an accident, you should be compensated for all injuries you have sustained, including emotional trauma, physical pain, and other damages. Your injuries may need significant medical care and cause you pain and suffering as you recover. Insurance companies generally will pay your medical bills, but it can be more difficult to obtain compensation for the more subjective costs of your injuries.
What is Pain & Suffering?
Pain and suffering is a legal term that refers to a number of injuries that may be sustained in an accident. These injuries include:
- Physical pain
- Emotional and mental injuries
- Difficulty sleeping
- Reduced ability to participate in activities
- Lessened enjoyment of life
- Mood changes, such as depression or anxiety
Pain and suffering can be a catch-all for any form of undue suffering that is experienced as a result of an accident, except for financial harm. Medical bills, lost wages, and lost future income are easier to objectively calculate and award compensation for.
How Do Insurance Companies Calculate Pain & Suffering Damages?
There isn’t a set way to determine pain and suffering damages. There are two common methods that may be used to calculate these damages. The first is to multiply the total of the victim’s actual damages, such as their medical bills and lost wages, by a number between 1 and 5, depending on the severity of the injuries. The second method is to provide a set amount per day for the predicted duration of recovery. The length of recovery is often estimated as the amount of time it will take the victim to reach the maximum possible level of recovery that is expected.
It isn’t required that insurance companies use either of these methods to calculate pain and suffering damages. Many insurance companies use computer programs, which can also account for the type of injury and the specific medical treatment a victim sought when calculating the amount owed for pain and suffering.
If you’ve been injured in an accident, you deserve a fair settlement that reflects the amount of pain and suffering you have undergone. At Clawson & Clawson, LLP, we are committed to fighting for your rightful compensation. Our experienced Colorado Springs personal injury lawyers are ready to help you navigate the process of a personal injury claim, and we are backed by more than 120 years of legal experience.