You could suffer serious injuries in a car accident in Henderson, especially during the holiday season when traffic is more congested at places like the Galleria at Sunset Mall and other popular shopping centers. If a negligent driver caused your injuries, you are entitled to compensation for your medical bills, lost wages, and pain and suffering. While calculation of your medical expenses and lost wages is fairly straightforward, it can be difficult to determine how much you should receive for the pain and suffering you experienced.
What Is Pain and Suffering?
Pain and suffering encompasses both physical and emotional pain. Physical pain and suffering is the pain and discomfort caused by the accident and your injuries. Emotional and mental pain and suffering includes the anxiety, depression, loss of enjoyment of life, fear, insomnia, and other negative emotions you have experienced. Depending on the seriousness of your injuries, this portion of your compensation may be substantial.
How Is Your Pain and Suffering Determined by the Negligent Driver’s Insurance Company?
Unfortunately, there is no precise way to determine the value of your pain and suffering. The insurance company for the negligent driver may use one of these methods to calculate how much this part of your claim is worth:
When this method is used, your medical expenses and lost wages would be added together and multiplied by a certain number, which is generally between one and five, to arrive at an amount for your pain and suffering. The multiplier chosen would be based on how serious your injuries were.
Per Diem Method
If a per diem approach is utilized, an amount, for example $100, is multiplied by the number of days from the date of your crash to when you reach your maximum medical recovery.
Some insurance companies use a computer program that takes into account many factors, such as the type of injury and treatment sought, to decide what amount to offer in settlement.
How to Be Certain You Receive What You Deserve for Your Pain and Suffering
The best way to ensure that you receive everything you are entitled to for your pain and suffering is to retain an experienced car accident attorney who can accurately value this portion of your claim based on his settlement of other similar cases and the particular facts in your case. To learn about our track record of success in these cases and your right to compensation for your injuries, contact us online or call our Henderson office directly at 702.405.6000 to schedule a free consultation.