Pain and suffering is a phrase that a lot of people have heard about, but very few understand.
Most even have a negative perception of pain and suffering damages, thinking that they are only what scammers use to sue for exorbitant fees. While that is the case in many eye-catching news stories, pain and suffering damages are actually quite common and often very fair. If you are involved in a car accident, it is best to understand what these damages are, how you can prove them, how they are calculated, and the value of having a St. Louis car accident lawyer at your side through the process.
Pain and suffering is often described as the combination of the physical pain and emotional distress that a person feels after an accident. The emotional portion is often broken down into individual symptoms like anxiety, sleep loss, depression, and other mental ailments.
To prove the extent of your pain and suffering, you and your lawyer must show that your life has been significantly altered. Typical examples include limitation of day to day tasks, decreased work performance, suffering personal relationships, and long-term impact of injuries.
How It Is Calculated
If you’re seeking payment for a specific medical procedure, it is straightforward. You can claim the amount of money that the procedure costs and be done with it. Pain and suffering damages are not so easy. Because they are inherently vague, it is hard to put an exact number on them. There two primary methods for calculation:
Multiplier – When using the multiplier method, you and your attorney will first compile your economic losses due to the accident. Once you have the number, you will choose a number to multiply those expenses by that you think is appropriate. In general, an insurance company will pitch a low multiplying number to save money, while the victim will pitch a higher number. This discrepancy will be negotiated.
Per Diem – This method is a bit more straightforward. Rather than agreeing on a multiplying number, attorneys and insurance companies will decide on a daily damages fee. Then, it will be estimated how many days it will be until you are sufficiently better. The daily fee will be multiplied by the number of days, and that is the total of your damages.
What an Attorney Can Do to Help
As you might imagine, navigating this process on your own would be very difficult for someone without knowledge of the law. An experienced St. Louis auto accident lawyer can use their knowledge, expertise, and negotiating skill to make the entire process easier on you and get you a fair deal.