# Evaluating Pain and Suffering Claims After an Automobile Injury
**Evaluating Pain and Suffering Claims After an Automobile Injury**
# **Why is it Important?**
Why should you care about pain and suffering claims? Well, they often constitute a substantial portion of your total compensation package. Insurance companies frequently try to minimize payouts by downplaying pain and suffering claims. Thus, understanding how these claims work is critical.
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# **Why Hire a Car Accident Lawyer?**
A skilled **Car Accident Attorney** knows the ins and outs of personal injury law. They can help you gather evidence, file necessary paperwork, negotiate with insurance companies, and ensure that you receive the compensation you deserve.
**Types of Damages in Car Accidents**
# **How Are Non-Economic Damages Calculated?**
Calculating non-economic damages can feel like trying to hit a moving target; however, many attorneys utilize various methods:
- Multiplier Method: This involves multiplying your economic damages by a number ranging from 1.5 to 5 based on the severity of your injuries.
- Per Diem Method: Here, your attorney assigns a daily dollar amount for your pain and suffering for each day you're affected by your injuries.
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# **Medical Records as Evidence**
One way to substantiate your claim is through comprehensive medical records documenting your injuries. These records should detail:
- Diagnosis
- Treatment received- Prognosis
**Common Challenges in Pain and Suffering Claims**
# **Proving Emotional Distress**
While physical injuries are often easier to prove with medical evidence, emotional distress requires more nuanced documentation—like therapy records or statements from family members attesting to changes in behavior.
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# **Severity of Injuries**
The more severe your injuries are perceived to be, the higher your potential settlement will likely be.FAQs
# 2. How do I calculate my pain and suffering?
You may use either the multiplier method or per diem method alongside consulting with a qualified car accident attorney who specializes in these cases.
# 4. Should I accept the first settlement offer?
Typically no! Insurance companies often start with low offers hoping you'll settle quickly without fully understanding potential future costs related to ongoing treatment or lifestyle changes.
# 6. What if I was partially at fault?
Many states follow comparative negligence laws which allow plaintiffs who share some fault in causing accidents still recover compensation—though possibly reduced based upon percentage attributed specifically toward them!
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