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The lawyers of Goldman, Babboni, Fernandez, Murphy & Walsh have more than 100 years of combined Florida legal experience in personal injury, wrongful death and negligence cases. David Goldman, and Michael Babboni have each represented accident victims throughout Florida for over twenty …

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Personal Injury Blog Post

What You Should Know About Pain and Suffering Determinations

In the legal realm, the term “pain and suffering” refers to the general injuries and experiences a plaintiff went through in the time after an accident. It not only refers to physical pain, but also emotional and mental anguish, including insomnia, anxiety, fear, grief and loss of enjoyment of life.

Personal injury claims can result in both economical damages to account for medical bills and lost wages, as well as damages to account for non-economical issues such as pain and suffering. But how do insurance companies quantify pain and suffering when they are not exactly tangible or quantifiable issues?

Determining pain and suffering amounts

There aren’t typically standardized rules for how insurance companies calculate these damages.

One common method is to use a multiplier. In this method, the plaintiff’s actual damages (lost wages and medical bills) get multiplied by a certain number between one and five, depending on the severity of the injury. A damage of multiplier of five would, for example, be for a serious injury and add the most money to the plaintiff’s compensation.

Another method is the “per diem” approach, in which there is a certain amount of money assigned per day from the time of the accident until the plaintiff reached the point of maximum recovery.

However, insurance companies are not obligated to use either of these methods for calculating pain and suffering damages. They might have their own programs or algorithms they use that take other factors into account beyond just the type of injury, including the types of treatment sought and other actions by the plaintiff.

The best way for you to maximize your pain and suffering damages is to work with an experienced attorney from early on in your case to ensure you do not take any actions that could limit your recovery amount.

For more information about how to proceed with your case, contact a skilled Bradenton, FL personal injury lawyer at Goldman, Babboni, Fernandez & Walsh.

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Goldman, Babboni, Fernandez, Murphy & Walsh
2822 University Parkway
Sarasota, Florida, 34243 USA