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HOW TO ESTIMATE COMPENSATION FOR EMOTIONAL DISTRESS

In everyday conversation, on court TV, in legal documents, and elsewhere, the phrase “pain and suffering” is often used but rarely defined. It exists, yet its exact magnitude is often hard to pin down. This is where things become complicated, because pain and suffering aren’t necessarily of the bodily variety. Feelings of emotional agony and sorrow are difficult to express and describe in words. In a personal injury case, quantifying the value of pain and suffering can be just as challenging. You may be eligible for two sorts of damages if you’ve been hurt in an accident, whether it was a car crash, a fall, or something else. In legal parlance, “damages” refer to losses for which you are legally entitled to restitution. To discuss your case with a qualified lawyer visit this page.

Lost wages, medical expenses, and other items with a clear monetary value are examples of economic or special damages. Pain and suffering are examples of general damages. They can refer to both physical and mental anguish that resulted from the accident or injuries. There are a few angles through which insurance firms can approach this problem. In other words, the multiplier will increase in proportion to the number of elements that can be confirmed from the list below:

  • It is quite clear that the other party is virtually entirely at fault for the collision.
  • A trained medical professional can easily spot an injury.
  • Broken bones, torn ligaments, and other injuries that require surgery or can never be cured cause excruciating pain and are immediately noticeable.
  • Doctors and hospitals are the places where people go to get diagnosed and treated.
  • Six months or more was needed for recovery.
  • Immobility, discomfort, and weakness are only some of the long-term effects that have been documented by medical science.
  • Medical professionals have made it very clear that you will suffer from chronic or long-term issues as a result of your injuries.

Per diem, from the Latin per diem, is another method of calculation. The daily anguish and stress you endure are analogous to the toil of a regular job, it is said. The challenge lies in determining an appropriate daily rate, which will be accepted by the court. It’s common practise to calculate lost wages due to an injury by multiplying the number of days you were unable to work by your hourly rate.

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