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How Lawyers Calculate Your Pain and Suffering in a Personal Injury Lawsuit

young businessman suffering back pain

If you were involved in an accident and hurt badly, it is possible that you can receive pain and suffering compensation. These damages are different, which is why it is a challenge to determine the price of emotional distress since the calculation doesn’t come from medical bills.

Instead, the compensation is for:

  • Temporary pain and discomfort (physical)
  • Psychological and emotional problems, including anxiety, shock, depression, insomnia, and memory loss
  • The effect of physical disabilities or limitations that may have emerged after the accident
  • Psychological or emotional trauma

Calculating the pain and suffering is legally possible, and you can help your lawyers compute correctly with the following four tips:

1. Keep track of your pain

Maintain a post-accident journal where you write down everything, from the physical pain that you may experience every day to the psychological trauma. Whenever you feel unhappy or frustrated because the accident is affecting how you live your life, you should document it in the journal.

2. Save medical records and bills

It is also essential that you get confirmation from the professionals. At this point, you should have medical records ready, as well as statements from doctors.

3. Know how much special damages are worth

Special damages pertain to not only medical payments, but also out-of-pocket expenses, property damage, and lost wages. Frequently, computing this amount is straightforward. You will just have to add up your receipts, lost income, and other bills.

Once you have a figure for your special damages, the next step is to examine which juries in your area grant people with compensation for economic losses and other grievances. You should be able to include the following:

  • The specific type of pain and suffering you are experiencing
  • The duration and severity
  • The impact of the discomfort and pain in your life

Make sure to gather as much evidence as possible to help you with your case.

4. Use a multiplier

Insurance companies typically use a multiplier for calculating compensation for your pain and suffering. The multiplier ranges from one to five. Here’s an example: after the accident, your medical bills amounted to $150,000. You consulted your lawyer, and he has decided to multiply your pain and suffering damages by two, which gives you $300,000. In total, your compensation should be $450,000 ($150K+$300K).

Therefore, it’s vital that you have a personal injury lawyer who will take a look at your case. The analysis of your claim’s value will undoubtedly be complicated, which is why it is necessary to consult a personal injury lawyer.

The claims adjuster will not approve your demand unless you have evidence that is persuasive and credible. Your lawyer can present your case, along with the proof and documentation, and demonstrate the negative impact of your pain and suffering on the quality of your life.

The attorney will figure out the multiplier to use, which can involve certain factors, such as how severely injured you were, whether or not you need future therapy and medication, and how long it will take for your wounds and other damages to heal.

You need to be prepared so you can convince the claims adjuster of the gravity of your pain and suffering, which will also help you get a higher settlement offer from your insurance company.

Workers' Compensation Law Firm Profiles

R. Mack Babcock

Meet Colorado Workers' Compensation, Personal Injury
and Insurance Dispute Attorney R. Mack Babcock

Prior to founding The Babcock Law Firm, LLC, R. Mack Babcock spent many years on the other side of workers' compensation, car accidents, personal injury and insurance disputes representing some of the largest insurance companies and corporations in Colorado as an attorney at a midsize insurance defense firm.

Babcock is a member of the Colorado and Denver Bar Associations, the Colorado Trial Lawyers Association and the Workers' Compensation Educational Association. In early 2008, he was elected as the Colorado House District 43 Committee Chairperson for the Douglas County Colorado Democratic Party.

In connection with this position, he is responsible for finding a candidate(s) to run for House District 43, overseeing the campaign(s), organizing volunteers, and also sits on the executive committee for the Douglas County Democratic Party.

Gerber & Holder Workers' Compensation Attorneys

Meet Atlanta's Top Workers' Compensation and Work Injury Attorneys

In 2018, two widely respected attorneys joined forces to establish Gerber & Holder Attorneys at Law, an Atlanta-based workers' compensation law firm dedicated to protecting injured workers in Georgia. Together, Ben Gerber and Thomas Holder bring an impressive resume of combined skills, knowledge, resources and experience to work for individuals suffering from a work-related accident such as back and neck injuries, spinal cord trauma, head and brain injuries, construction accidents, car accidents, truck accidents and other catastrophic injuries.

Both attorneys have an impressive history of success in workers' compensation cases with over 50 years of combined experience practicing law in Georgia. Their accomplishments include recognitions from Super Lawyers, the Georgia Trial Lawyers Association, AV Martindale-Hubbell, Avvo, the Atlanta Bar Association, Knights of the Bar, the Lawyers' Foundation of Georgia and others. Ben Gerber also appeared as a guest on the radio show Atlanta Legal Experts. He's also an active member of the Georgia Workers’ Compensation Claimant’s Lawyers (WCCL) board, Georgia Trial Lawyers Association, Atlanta Bar Association and the Atlanta Volunteer Lawyers Foundation.