What are Pain & Suffering Settlements?

When you file a personal injury claim, your attorney will try to reach a fair settlement with the at-fault party’s insurer to get you compensation for the damages you have incurred. These can include medical costs, lost income from missed work, and pain and suffering.

If a settlement can’t be reached due to the more subjective nature of some claims, your injury lawyer will file a civil lawsuit on your behalf. Insurance companies and lawyers have proven ways to determine how much money a person should get for pain and suffering. Here’s a closer look at the two most common methods.   

Calculator Method

With the calculator method, an insurer assesses the injury and assigns it a number from one to five. This number, or multiplier, is based on the severity of pain and suffering the claimant experienced as a direct result of the accident. These damages include physical pain, emotional trauma, and loss of quality of life. 

The insurer then adds together the actual damages, which consist of medical bills and lost income. The sum of the actual damages is then multiplied by the number on the one-to-five scale. The product from multiplying these two numbers is used as the settlement amount for pain and suffering. 

Medical bills, work restriction notes from doctors, and additional documentation will be submitted with your claim to prove actual damages. Passages from your personal journal, proof of seeing a therapist, and statements from friends, relatives, and colleagues will back up the argument that the personal injury has affected your mental outlook. 

Per Diem Method

A daily rate can also be used to calculate the pain and suffering damages that will be requested. Your personal injury attorney will assign a reasonable dollar amount to each day, which is then multiplied by the total number of days from the date of the accident to the date of your recovery. The result is the dollar amount assigned to pain and suffering. This method is used to show the injured party is owed money for each day they experienced mental anguish, physical pain, and loss of enjoyment of life since the injury occurred.

The minimum rate used in this method is the daily income. This will demonstrate that your pain and suffering are at the very least proportionate to the energy placed into going to work each day to earn a living. Your injury lawyer will submit invoices and pay stubs as evidence of your earnings. 

However, insurance companies are not required to adhere to either the calculator or the per diem method. Many insurers use computer software to determine this portion of the settlement, and negotiations with your attorney can begin with the difference between the two parties’ estimates.

If you’ve experienced pain and suffering while recovering from an accident, the professionals at The Law Offices of Gallner & Pattermann P.C. in Council Bluffs, IA, are ready to handle your personal injury case. Since 1974, the counselors have negotiated with insurers for Pottawattamie County residents with full-body injuries from car crashes, construction accidents, and other incidents.

They also present evidence to increase the odds of favorable outcomes in court. Meet the lawyers online and call (712) 323-0999 for a free consultation.