In legal terms, “pain and suffering” is subjective and not always easy to quantify in terms of money damages. Insurance companies have devised a mathematical formula to estimate pain and suffering damages based on multiplying your medical bills by how long it took to recover from your injury, but this formula is only approximate. How much you will receive in a settlement for pain and suffering will depend on a number of factors, including:
- Your own direct testimony as to the intensity of the pain you experienced and the ways in which your injury has diminished your quality of life
- Your doctors’ testimony as to the severity of your injuries and the pain you reported to be in
- Testimony from those who know you as to how your injury has affected their interactions with you
- Demonstrations of physical limitations caused by injuries
- The psychological impact of scars and physical impairments
- The ongoing need to take pain medications and consult with physicians for pain management
- The loss of your ability to perform tasks and participate in activities as a result of injuries
“Pain and suffering” is a form of non-economic damages
When someone sustains a serious injury from a car crash, slip and fall, or other accident, the pain and suffering they experience cannot be quantified by objective evidence like hospital bills and pay stubs that show lost wages. Instead, “non-economic” damages like pain and suffering are connected to how injuries affected the victim’s quality of life and his or her relationships with friends and family.
When negligent parties and the insurance companies that reimburse a victim’s damages make low settlement offers for pain and suffering, the personal injury attorneys at the Reyes Browne Reilley Law Firm in Dallas are ready to push back on your behalf with detailed descriptions of how your injuries have imposed painful hardships and harmed your enjoyment of a regular daily routine. We use this evidence to justify the largest and fairest settlements for the pain and suffering that our clients experience when they suffer injuries at the hands of a negligent party.
How do insurance companies calculate pain and suffering settlements?
Insurers often use simple multipliers to make a settlement offer for an accident victim’s pain and suffering. That multiplier, for example, might result in a damages offer of two to five times the victim’s economic damages, or a set daily rate times the number of days required for the victim to recover from injuries. For example, if the victim had medical bills and lost wages of $20,000 as a result of an accident, the insurer might offer two times that amount, or $40,000, for pain and suffering. Alternately, if the victim needed 90 days to fully recuperate from injuries, the insurer might offer $100 per day, or $9,000.
Multipliers, however, fail to consider an accident victim’s unique individual circumstances. A knowledgeable and experienced personal injury lawyer will develop a strong narrative that compares the victim’s daily life and routine before and after an accident to demonstrate the full impact of the victim’s injuries. That narrative inevitably leads to the fairest pain and suffering settlement that the victim is entitled to recover.
Call Angel Reyes & Associates for a Free Consultation
For more than 30 years, the personal injury lawyers at Angel Reyes & Associates have helped their fellow Texans recover fair and full compensation for pain and suffering and other damages following a serious accident injury caused by another party’s negligence. Please reach out to our law firm by phone or through our online contact form to schedule a no-cost consultation about your case. We will review the circumstances of your accident, identify all potentially liable parties, and explore every possible avenue to maximum compensation.