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How to calculate pain and suffering settlements

Injuries of various nature can occur over our lifetimes, and the vast majority of the time it is not due to our own faults.

Accidents, foul play, malicious intent, these are but a few of the causes that can cause us pain and suffering. In some cases, the extent of the damage done to us can be so great that it can affect different aspects of our lives, such as our work or our families.

It goes without saying that, if something does happen and a person suffers an injury, he or she is within his or her right to seek justice and compensation.

But here’s where things become interesting.

There is no surefire way or set formula to accurately calculate how large a pain and suffering settlement must be in order to properly compensate the person harmed, in a fair and satisfying manner.

That being said, it is is not a question of “if” but rather a question of “when” an accident will happen, and if you are harmed as a result of its occurrence, you need to be prepared and know at least what realistic figures to aim for in a settlement.

1. Cover any expenses that have been incurred by the accident

You cannot talk about compensation and settlements without hard proof, and in the case of pain and suffering this revolves around the diagnosis and the treatments that you have had to endure.

Make no mistake, this is the very first step that you will need to take in order to come up with a baseline value for your statement.

What you will need to look at is all the medical bills and expenses that have been incurred by the accident itself, such as (if applicable):

  • • Ambulance services
  • • Consultations
  • • Examinations
  • • Diagnostics
  • • Treatment
  • • Interventions
  • • Hospitalization
  • • Medication

    2. Cover any loss of income that might be generated by the accident

    This is only the case if the injury is severe enough to force you to take sick days as well as an extended leave of absence from work.

    It goes without saying that this would cause you to severely limit your income, either temporarily or permanently, depending on how serious the injury is, and you should be fairly compensated for that.

    3. Factor in any intangible factors

    This is the trickiest part because no insurance company in the world can calculate this part.

    Intangible factors cover aspects like:

    • • Damages to dignity
    • • Trauma
    • • Psychological effects
    • • etc.

    4. Put it all together

    For example:

    Let’s say you’ve been hit by a car and you’ve suffered broken ribs, internal bleeding, a fractured hip and various muscle lacerations.

    The injuries require you to be hospitalized for 2 weeks, incur a series of diagnostics, interventions and procedures for the broken bones as well as treatment for the internal bleeding.

    The injuries also forced you to take a leave of absence for 2 weeks from work while hospitalized as well as another 10 weeks for physical therapy and healing.

    The total medical bills, covering hospitalization, diagnostics, interventions, procedures, treatment, physical therapy and medication totaling $20.500.

    Your salary is $1000 per week, before taxes, however because you were forced to take a leave of absence for 12 weeks, you incur a stipulation in your contract that causes you to be paid only 50% of your base salary over the period of time you are in the leave of absence. This means that you will receive $500 per week from work for 12 weeks while on your leave of absence, causing you to lose a total of $6000 from your salary.

    So far the baseline settlement calculation is: $20.500 + $6000 = $26.500

    If you undergo any psychological evaluations where there are issues that have been identified as being caused by the accident, then the psychologist can give a statement with the actual results of the evaluation as well as an estimative calculation regarding the cost of treatment and other damages that he or she finds.

    In conclusion

    Armed with this information, you are now prepared to calculation of pain and suffering settlements. If an accident was to take place, you can now calculate and decide how big your settlement should be.



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