Noel Sevastianos

After you’re involved in a serious collision, you may have injuries that require months or years of medical care. Some may become permanent, and you may be forced to live with a disability or other physical difference in the future as a result of the crash. It’s not a bad idea to consider seeking pain and suffering damages when you’ve gone through a collision like this, because you have dealt with both physical and emotional trauma related to the incident. Pain and suffering damages are part of a wide category Pain and suffering damages may be based on a number of physical or emotional injuries, such as: • Disfigurement • Physical impairment • Depression • Anxiety They may also include factors such as: • The loss of the quality of life you experienced in the past • A loss of enjoyment for life due to your injuries • A loss of consortium if there are changes in the relationship with your spouse as a result of the crash • A loss of companionship for dealing with a lack of affection, security or emotional support Calculating these damages can be tough, since they are not economic in nature. However, it is possible. Methods for determining pain and suffering damages There are many ways to present a damage claim for personal injuries and help jurors and adjusters determine pain and suffering damages. Two pillars to the damage claim often include: 1. Per diem damages 2. A Multiple of medical expenses plus wage loss/loss of earning capacity Per diem damages ask for a specific amount per day that you suffer from an injury. The compensation is determined by looking at what was taken from you in terms of your health care loss from the moment of your injury until the present, and what may be reasonably expected in the future given your diagnosis, prognosis and history to date. The Multiplier method is another pillar of the damage claim. We look at the your medical bills as a barometer for the severity of your injury. For example, a person injured in a motor vehicle collision who requires just a few visits to a chiropractor or physical therapist has a lower multiple of damage than someone who requires surgery to fix a damaged joint or broken bone. The best lawyers know when to use either or both or neither of these tools to evaluate and present your injury claim. When properly constructed, that presentation MUST be tailor made to fit the client – and any client that gets less from his or her lawyer needs a new, better and more experienced attorney that is dedicated to excellence. The “one size fits all” attorney is suitable for no one. In short, there are many factors to consider in every case before you can determine the value of a client’s claim, and only a truly dedicated professional knows how to construct that claim.