The Truth About Pain and Suffering Damages and How to Calculate Them
Some car accidents can leave you suffering severe injuries. Most severe injuries rack up costly medical bills and/or force you to take time off of work in order to recover. When the accident was caused by the negligence of the other party, you may be owed compensation for damages and the injuries you’ve suffered.
Different Types of Damages in a Lawsuit
In the legal realm, there are different types of damages: Compensatory, Special, and Punitive.
1. Compensatory Damages
Compensatory damages consist of general and special damages.
2. Special Damages
Special damages are economic, holding a specific dollar value to it.
3. Punitive Damages
Punitive damages are normally used as punishment against companies or individuals who are proven to be at fault for an incident of extreme negligence.
How to Calculate Pain and Suffering Damages
Pain and suffering damages are not easy to put a specific number on; therefore, they are classified as non-economic damages. Non-economic damages are intangible losses that you cannot put a specific price on. They are damages suffered because of injury such as:
- Mental anguish
- Future pain and suffering
- Physical pain and impairment
With damages such as these, you can’t look at a receipt and know how to quantify how much you’re owed. Texas law requires that claims of pain and suffering be provided with evidence such as personal testimony and medical records. After this, the calculation is based on the severity of the injures suffered.
Formulas Used by Insurance Companies to Determine Damages
Insurance companies use different complex formulas to determine pain and suffering values for settlement offers. Usually, minor injuries are given a number and then multiplied by one, while other more severe injuries are multiplied by five. For example, a traumatic leg amputation may be considered a severe injury and assigned to highest multiplier.
Contact an Experienced Houston Car Accident Attorney
After an accident, an experienced car accident attorney can help you gather evidence of damages and injury needed to prove that you are owed compensation. Call (713) 524-8139 or go online to set up a free consultation with an experienced car accident attorney at Pusch and Nguyen Law Firm. The consultation is free, and you pay nothing until your case is settled.