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Personal Injury Law Is More Complex Than You Think

I always assumed that personal injury cases where pretty straight forward. After being in an accident, any financial losses that you suffered would be reimbursed by the liable party's insurance company. Unfortunately, things only work this way in a perfect world. In the real world, personal injury cases are extremely complex and getting the insurance company to pay a fair settlement requires the expertise of an experienced injury lawyer. Unfortunately, it took me several months to finally seek out the legal assistance I needed. As a result, I waited much longer than necessary to get the compensation I so desperately needed. During this time, I learned more about personal injury law than I ever thought I would. It is my hope that this blog will allow me to share that knowledge with you so that you can avoid making some of the same mistakes that I did.

Personal Injury Law Is More Complex Than You Think

Car Accident Claims: How Insurers Quantify Pain And Suffering In Auto Accident Claims

by Christine Wagner

After an auto accident, you want to reach out to your insurer to repay the losses. Typically, it is easy to account for the bills you've paid at the hospital and the car repair shop. But, on the contrary, you cannot equate a dollar amount to the emotional and mental distress resulting from the accident. 

Such losses can put you in a dilemma when preparing a claim. In such a case, a lawyer will be valuable in determining the claim for all your losses, both physical and intangible. Insurance companies usually use the following criteria to quantify pain and suffering:

The Medical Report

The doctor's report is always vital in determining the nature of your injuries. However, it is tempting to ignore a doctor's examination if you sustain no external injuries in the vehicle crash. Remember that some injuries may take time to manifest. Therefore, a medical examination unearths all the unnoticeable injuries. 

In addition to X-rays and laboratory tests, you should take note of all prescriptions and over-the-counter medication you have bought after getting injured. Usually, the insurer uses this information to calculate your compensation. So if you did not immediately seek medical attention, there is a good chance the company won't offer the amount you deserve. 

The Evidence

The insurer checks every detail of the accident before determining the settlement. For that reason, they will review several documents of proof. For instance, they need to check the days you took off work to attend a hospital appointment. In that regard, they will ask your employer to provide some documents to prove your absence from work. 

Additionally, they examine all the spending you have to shoulder, from paying taxes to therapy. You will need an auto accident attorney to assist you in gathering these essential pieces of evidence. 

The Multiplier Method

Most companies use the multiplier method to value unquantifiable losses. In this case, they add up the bills and losses and multiply the result with a figure between 1.5 and 5. This number represents the emotional distress the victim has suffered. If the injuries were so severe, perhaps leading to permanent disability, the multiplication figure is closer to five. On the other hand, minor accidents have a lesser multiplication figure.

The Per Diem Method

Though rare, some companies use dollar esteem to assign each day of your injury. They then multiply the amount by the number of days you have suffered. It could be something like a day's worth of work. Also, they can capture other expenses you incur in a day since the incident occurred. 

Though it may be hard to attach a monetary price for emotional injuries, you deserve financial relief if you are not at fault for the accident. So get in touch with an auto accident lawyer for immediate assistance.