If you have been injured in Seattle because of someone else’s carelessness, you can usually seek compensation from the at-fault party’s insurance company, by filing what's called a third-party claim.
After establishing that the defendant is the one responsible for your injuries (liable), you will also need to present evidence of all your losses associated with the incident (called "damages"). The insurance company should compensate you for your medical expenses as well as lost wages, and “pain and suffering.” This article discusses when an insurance company will provide compensation for pain and suffering, and how these kinds of damages are calculated.
"Pain and Suffering" defined:
Pain and suffering is a legal term that refers to a host of injuries that a plaintiff may suffer as a result of an accident. It encompasses not just physical pain, but also emotional and mental injuries such as fear, insomnia, grief, worry, inconvenience and even the loss of the enjoyment of life.
In nearly every personal injury case, a plaintiff should recover some amount of pain and suffering, even if a nominal amount.
How does an insurance company calculate pain and suffering damages?
There is no hard and fast rule for how an insurance company must
calculate pain and suffering. Many plaintiffs’ attorneys were trained to use
one of two methods for calculating pain and suffering.
Method #1: multiply the plaintiff's actual damages (medical
bills and lost wages) by a certain number, generally between 1 and 5 (depending
on the severity of the injury). For example, if a plaintiff incurs $3,000 in
medical bills related to a broken arm, he might multiply that by three, and
conclude that $9,000 represents a reasonable amount for pain and suffering.
Method #2: Alternatively, many plaintiffs’ attorneys use a per
diem (Latin for "per day") approach. Under this method, a certain
amount -- perhaps $100.00 -- is assigned to every day from the day of the
accident until the plaintiff reached maximum recovery.
Insurance companies are under no obligation to consider in
calculating pain and suffering. Many companies use programs to determine what
should be allotted for pain and suffering.
Proving Pain and
Suffering
Damages for pain and suffering are certainly recoverable, but
how can they be proven? Proof of this type of injury may take many forms, and
the more evidence you have to support your claim, the better your chance will
be of recovering an amount you find satisfactory.
The extent of your injury and accompanying pain and suffering
can be evidenced through documentation such as photographs and personal
journals that record the plaintiff’s physical and emotional feelings. Documentation
from friends and family can provide additional evidence of the way the
particular injury has negatively impacted the plaintiff’s life. Proof of
treatment by a mental health professional is also helpful, and is necessary
where the plaintiff is claiming injuries such as increased anxiety, insomnia,
or depression.
How Do You Know What's
Fair?
If the insurance company makes a settlement offer that includes
compensation for pain and suffering, how do you know if it’s a reasonable
offer? A reasonable approach is to use either the multiplier method or the per
diem method to get a ballpark figure (as discussed above).
Then consider whether there were additional circumstances that
might increase or decrease that amount. For instance, if your injury left you
with a permanent scar on your face, it may be reasonable to increase the amount
of pain and suffering you deem fair. On the other hand, a minor bump to the
head that healed quickly probably is not worth all that much. Keep these
factors in mind when considering how the insurance company has valued your pain
and suffering, and when deciding whether the insurance company’s offer is
reasonable and fair.
For more information on how to protect yourself against
Insurance Companies, please call a Kirkland Personal Injury Attorney.
Our Firm:
Weitz Law Firm, PLLC
520 Kirkland Way, Ste 103
Kirkland, WA 98033
