How do Insurance Companies Determine Pain and Suffering in a Personal Injury Case?

“Pain and suffering” is a somewhat common term that most people have heard at some point, but many people really do not understand what it is or how it is calculated in a personal injury case. To better understand your rights and get the most out of your personal injury claim, call the Law Offices of Jake D. Finkel to speak with an experienced injury law attorney near you.

What is Pain and Suffering?

When a person is injured by someone else, that person has the right to ask that the negligent or careless party make it right. A lot of folks misunderstand this process and think that the victim is being greedy. In truth, it is just about fairness. If you damage something, you should pay for it to be fixed. The human body is no different. However, not all damages are monetary. Pain and suffering is just a term that describes all the ways that a physical injury can hurt a person, from the actual pain of the injury to the frustration, anguish, and inconvenience involved.

How is Pain and Suffering Calculated?

This is a difficult question to answer because it depends on the case. In most injury claims, an insurance company will first look at the medical treatments received and the medical costs associated with the injury to determine just how extensive the injury was. The more severe the injury, the more likely the person suffered immensely. Typically, there are a few things that insurance companies will consider:

  • Total medical bills

  • Medical procedures and treatments

  • Time and inconvenience involved in medical care

  • Nature of the injury (e.g. broken bones vs. whiplash)

  • Whether there are graphic photos (e.g. blood, surgical scars, etc.)

In addition to the above, insurance companies are usually focused on trying to figure out what a jury might likely do with the information.

This can include the following questions:

  • Would a jury be sympathetic to the victim?

  • Would a jury see this as a serious injury?

  • Is a jury likely to feel compelled to hold the defendant accountable for his or her conduct?

  • Is the defendant sympathetic or unlikeable?

  • Is the treating physician going to testify favorably for the injured person?

  • Are experts willing to testify about the pain suffered by the injured person?

  • Are there witnesses like family, friends or co-workers who will testify about the pain the victim has endured?

How a Lawyer can Help

Having a skilled injury attorney working on your case means that you are able to file a lawsuit and force the insurance company to take actions to protect their insured client. This forces the matter forward and makes the insurance company have to either defend the case at trial or settle. Likewise, your attorney can protect your rights and make sure that you are not taken advantage of in the process. Call the Law Offices of Jake D. Finkel to speak with a skilled personal injury lawyer. Calls are free, and we only collect a fee if you collect monetary compensation in your case.

Do not delay. Time is limited for seeking compensation.