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Friday, November 10, 2017
If you are involved in an accident and suffer serious injuries, you may file a personal injury claim. As part of your claim, you may qualify for pain and suffering damages. Pain and suffering damages are offered in addition to your general expenses (i.e., your medical bills, lost wages, travel costs, etc.).
Often, pain and suffering damages are the highest percentage of the compensation, because they are calculated by multiplying your computed damages with a multiplier to come to an amount for pain and suffering.
Putting a dollar amount on your physical and emotional pain is difficult, and you may wonder how an insurance company or an attorney does it. Before you can fully grasp the concept of calculating damages, you must understand what the courts see as “pain and suffering,” and how much a person could potentially collect.
Pain and suffering damages focus on the physical, emotional, and mental stress you experience because of your injuries.
These stressors you experience can include:
When you file for pain and suffering, these damages are in addition to lost wages, medical costs, and other injury-related expenses.
Pain and suffering damages are given to victims that have physical or mental pain. These “pains” must be connected to the original injury. More so, the injury must be the result of someone’s negligence, carelessness, or intentional malicious acts – mainly the elements required to initiate a personal injury case.
Most personal injury claims will include pain and suffering, because without pain and suffering, there may not be a valid claim.
Putting a monetary value on someone’s physical pain, anguish, and even mental suffering is complicated. It is one of the more difficult areas of personal injury law because both sides are arguing over the validity and cost of someone’s pain and suffering.
So, you may ask yourself how attorneys would know what a fair and reasonable settlement would be for pain and suffering – and how they put dollar values on your physical pain.
The answer is that there is not just one set method. The courts, insurance companies, and attorneys use a variety of methods – with two of the most commonly used methods being the multiplier and per diem approach.
Realize that attorneys and insurance companies are not obligated to use these methods. Sometimes insurance companies rely on software programs that determine the settlement based on numbers they enter relative to the case. These programs rely on sophisticated algorithms that not only consider your type of injury but medical treatments you sought for that injury.
Specific factors surrounding your injury, prognosis, and treatments received will also affect the calculated pain and suffering damages. Naturally, an injury that is permanent will have higher pain and suffering values than an injury where the victim fully recovers.
Some factors that will increase or decrease pain and suffering values include:
The insurance company might offer you a settlement that includes damages for pain and suffering. So, how would you know that what you have been provided is “fair” for your case?
A multiplier only gives a ballpark figure, or “jumping-off” point. It is also important to realize that when juries are computing what damages award they feel is fair, they do not use multipliers. This means that pain and suffering damages can vary greatly when you go to trial and a jury gets involved.
To know if a settlement is fair, your attorney will consider the following:
Punitive damages are a separate form of damages awarded in addition to general damages. Punitive damages are awarded when the conduct of the at-fault party was malicious, grossly negligent, or criminal.
The injuries you sustain in an accident can extend beyond the physical realm. You may suffer from trouble sleeping at night, depression, or post traumatic stress which can manifest in a wide number of ways. For instance, someone suffering from post traumatic stress may not even be able to get into a motor vehicle without a panic attack. These are all valid signs of suffering that go beyond the physical.
And while you might know the pain and suffering you’re experiencing, the judge and jury do not. Therefore, your attorney must use evidence to show that your claims are more than just words. The more evidence your attorney presents to create a complete picture of how your life has been negatively impacted, the more you will receive for pain and suffering.
Evidence your attorney will use to do this includes:
Accurately calculating pain and suffering requires someone that can separate the physical from the emotional value of your case. As a victim, you suffer everyday with everything from physical pain and limitations – to anger and depression. Asking you to value your injuries is impossible, and you should not be burdened with negotiating your pain and suffering with an insurance company.
An injury attorney from Malman Law can help.
Our advocates are here to fight for your right to compensation. We will ensure you receive a fair settlement for all of your damages. Schedule a free, no-obligation consultation today by calling our office at 888-625-6265, or by requesting your appointment online.
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I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
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I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
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I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
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Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
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Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
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They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
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I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
- Trevor Harris
Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
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Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
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I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
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Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
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Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
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Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
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I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
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A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
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Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
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This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
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Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
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Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
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Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
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Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
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Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
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So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!
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ALL FIELDS REQUIRED
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim