Non-economic damages such as pain and suffering combined with economic damages make up a personal injury claim. Calculating the non-economic damages is particularly difficult and requires the consideration of several pieces of information. In cases where a trial is underway and a possible out-of-court settlement is off the table, the amount of compensation you are to receive is determined by the judge or jury.
How Do Courts Calculate Compensation?
In determining compensation, the judge will seek to compensate you fairly for the losses you have suffered. Injuries are notoriously difficult to quantify financially.
The court considers several criteria. Your pain and suffering will be taken into account, along with the severity of your injuries and how these impact your quality of life. If you have not been able to work, you can add these lost wages to your compensation claim to recoup some of your missed wages.
The extent to which an injury is likely to be permanent has a significant bearing on the level of compensation granted. Also, whether or not the harm is permanent cannot always be known with certainty at the time of the accident.
Compensating someone who will never be able to work again is more expensive than rewarding someone who will soon be able to work again. There are also damages for emotional distress.
After a car accident, you don’t get any compensation for your stress alone. There must be a significant degree of emotional trauma in order to be eligible for further compensation beyond what is awarded for monetary damages and losses.
How Do Insurance Companies Determine Compensation?
Insurance companies have their own lawyers. These lawyers determine the amount of compensation beforehand based on their company’s experience and internal formulas. There are computer systems that allow you to compute your compensation, but these are limited to applying the highest possible outcome without considering other factors that can affect calculations.
While computers are useful for preliminary estimates, it is still best to seek legal advice on the total amount of compensation you are truly entitled to.
Adequate Calculations for Pain and Suffering
Another way of calculating pain and suffering is through these three questions:
- How long did the pain and suffering last?
- How severe was the pain?
- What happened to the victim’s life afterward?
This series of questions may sound simple, but they involve a lot of procedural research and information that can help you arrive at the best possible compensation value for your claim.
Plan Your Next Move: Consult Us!
Our team of lawyers at the Estes Law Firm has vast knowledge and experience in pursuing car accident compensation claims. We take advantage of the given facts to put you in the best position to win all that you are entitled to. Our goal always is to close our cases with a settlement in our clients’ favor.
Get in touch with one of our car accident lawyers right now. Email through the contact form on this page or call us by dialing 281-238-5400 and schedule a free consultation now!
Wage & Hour News
As part of a “third wave” of executive orders, on January 22, 2021, President Biden issued an executive order instructing the Director of the U.S. Office of Personnel Management to “provide a report to the President with recommendations to promote a $15/hour minimum wage for Federal employees.” The Biden Administration announced via a Fact Sheet […]
Employment Law Changes To Expect Under the Biden Administration January 27, 2021
Most newly-elected presidents have a different take on employment and workplace laws than their predecessors and that is certainly the case with President Biden. While it is impossible to predict what he might be able, or willing, to accomplish during his term, President Biden has given some indication… By: Fairfield and Woods P.C.
Car Accident News
NTSB Challenges and Expectations for 2021 January 22, 2021
The National Transportation Safety Board (NTSB) investigates, reports on and determines the probable causes of transportation accidents in all modes of transportation, from planes, trains and automobiles, to pipelines, ships and other accidents of a catastrophic or recurring nature, such as commercial space transportation accidents and accidents involving hazardous materials. When the NTSB identifies safety […]
8 Social Media Tips for Car Accident Claimants January 19, 2021
Social media can be lighthearted, funny, informative (e.g., who has the best New York Style Pizza in West Palm Beach?), and just plain fun. It can also be a catalyst for many positive changes; e.g., badly needed fundraisers. Nonetheless, because of the permanent nature of social media, what appears never truly disappears and has been […]
Personal Injury & Products Liability News
When pursuing personal injury claims in California, there are two main categories of potential compensation: economic damages and non-economic damages. The differences are relatively simple: For economic damages think of “out of pocket losses.” These “out of pocket” losses generally consist of……By: The Injury Legal Team
Societal shocks tend to reverberate in the courtroom. The COVID-19 pandemic is no exception. For over 20 years, DecisionQuest has been conducting nationwide juror research through social crises like the Enron scandal, 9/11, the Great Recession, the #MeToo movement and more recently, the global COVID-19 pandemic, tracking changing juror attitudes and serving as a social […]