Individuals injured in a car accident due to the negligence of another driver usually file an insurance claim or file an infringement lawsuit to seek a financial settlement. The aim is to claim compensation for expenses such as the cost of medical treatment and car repair or replacement as well as pain and suffering. Yes, even people injured in relatively minor accidents usually have a painful and suffering component to their financial settlement. “Pain and suffering” is the physical and emotional pain or stress associated with the accident and the injuries caused by the accident. Even in severe collisions, it can be a challenge to prove pain and suffering and find adequate compensation. However, it is even more difficult for accidents that are considered minor.
How is pain and suffering calculated for minor car accidents?
Because pain and suffering are a little intangible and there are no rules for calculating it, insurance companies rely on the severity of injuries and different methods to get a number. “Minor” car accidents are usually associated with “minor” injuries, such as whiplash, so they are associated with less pain and suffering.
Traditionally, the two most common methods of calculating pain and suffering have been the multiplier method and the daily rate method, although the multiplier method has not been in use for the past 10 to 30 years.
The multiplier method multiplies medical bills by a specific number. It used to be common for insurance specialists to automatically multiply medical bills by 2 to get a value. For example, if your medical bills are $ 5,000, multiply by 2 to get $ 10,000 plus $ 5,000 in medical bills for a total of $ 15,000. Personal injury lawyers recognized this as a “low-ball” tactic and fought against it to provide a fair solution to their clients.
Currently, insurance specialists are reviewing the total amount of medical bills for a comparison offer. They differ greatly in the type of medical bill incurred. They place very little emphasis on chiropractic, massage therapy, and alternative forms of treatment, but focus on emergency room bills, GP costs, imaging, specialist referrals, etc.
If you were partially responsible for the accident, if the vehicle was not damaged, or if the injuries were minor, you can assume that the insurance provider will reduce your range of pain and suffering.
The reality is that in many car accidents this new method undervalues pain and suffering and the only way to find an adequate solution can be the help of a car accident lawyer.
The daily rate method is used by some insurance agencies and personal injury attorneys to emphasize pain and suffering. In this method, an amount of money is allocated to each day or week that a person is injured after a car accident. For example, if a person is in pain and is treated for a car accident for three months before feeling normal again, a daily value of $ 200 may be assigned. $ 200 times 90 days is $ 18,000.
Seek the help of a car accident attorney
If you or a loved one has been injured as a result of someone else’s negligence, contact a personal injury attorney to discuss your legal rights. Let a skilled auto accident attorney fight for the full compensation you deserve. It is not uncommon for the insurance company to receive a severance payment five to ten times the amount with the help of a lawyer. Call the Personal Injury Attorneys at Tario & Associates, PS in Bellingham, WA for a FREE consultation! We have represented residents of Whatcom Counties, Skagit Counties, Island Counties, and Snohomish Counties since 1979. You pay nothing in advance and no legal fees unless we claim damages for you!