If you have been involved in an accident that has resulted in injuries due to the negligence of someone else, regardless of whether it was slip-and-fall, car accident or other types of personal injury cases, you are entitled to pursue compensation by claiming from the insurance company belonging to the at-fault party.
This is known as a 3rd-party claim. After it is found that the defendant is at fault, you will be asked to prove financial losses you have experienced to claim the cash you need to continue with your life. This money for this type of loss is called “damages,” and there happen to be different kinds.
For example, in Florida, when a person is injured due to another person’s negligence, the laws state that an injured person can request a jury to compensate for them for non-economic and economic damages. The economic damage is the type of damages that can be calculated readily such as loss of wages, medical bills or anything else that has a “set dollar” amount. This type of damage is easy to present to the jury. The jurors have an understanding of the hard-and-fast numbers which include lost wages and medical bills and will in most cases be open to compensating the injured victim when it comes to these loss types.
The non-economical damages are a lot more complex to prove and are more commonly known as the “pain and suffering” damages.
What Are The Damages For Pain And Suffering
In personal injury trials in Florida, you as the victim can request the jury to provide you with compensation for non-economic damages. These include damages such as bodily injuries sustained, any resulting pain-and-suffering physical impairments, disabilities, mental anguish, disfigurement, and the inconvenience associated with losing the capabilities to enjoy the life you once experienced, or you want to continue experiencing into the future.
How Is Pain And Suffering Claims Calculated?
Negotiating a settlement for a personal injury or car accident claims will require that the plaintiff calculates an amount that is reasonable that is acceptable to resolve the claim. Most injury attorneys and insurance companies use a formula to provide them with information on the worth of the case. The two common methods used include:
1. The Multiplier Method
This formula includes the:
Medical Bills, for the past and the future X the multiplier + Total of the Economic Damages like lost wages, property damages, medical bills, etc. = The Reasonable Value of your Case
The multiplier will be a number that ranges between 1.5 and 5 and is chosen dependent on how severe your injuries are. This formula is based on that pain-and-suffering will be worth a minimum of 1.5 times the economic costs for repairing your injuries.
2. “Per Diem Method.”
“Per diem” which stands for “by the day” in Latin, is a method that uses daily figures to compute the damages. This method includes a set dollar amount which will be paid for every day starting from the day of the injury or accident until the plaintiff reaches what is known as “maximum medical improvement.” This amount is usually a reasonable-sum such as $100 a day.