Even minor car accidents can involve property damage, health-care expenses and lost income. Some of these costs are easy to quantify; others, such as pain and suffering, are slightly more subjective and therefore difficult to translate into a monetary figure.Medical records can prove health-care costs, and pay stubs can evidence the amount of income lost due to time off work. But how do attorneys determine the amount of damages to pursue for pain and suffering?
At Eells & Tronvold Law Offices, PLC, our lawyers have the experience and resources to fight for the maximum compensation for injury victims. A Cedar Rapids personal-injury lawyer from our firm can help you gather evidence, identify any liable individuals or organizations, and determine if you have grounds for a claim. Call us today at 319-393-1020 to schedule a consultation. In the meantime, read on to learn how your attorney may calculate pain and suffering damages:
1. Based on Recovery Period
According to the Iowa State Bar Association, innocent accident victims have the right to compensation that will help restore their quality of life. This is one purpose of pain and suffering damages.
In some cases, attorneys prefer to calculate pain and suffering based on a fixed amount per day. This is known as a per diem approach.
In order to use the per diem pain and suffering calculation, the victim must be able to explain the reasons behind the amount claimed. A common approach is to use the victim’s wage as a starting point for negotiations, or to compare the injuries to other verdicts. However, there are no specific laws that govern the amount a victim can claim in a per diem calculation.
One possible issue with calculating pain and suffering damages in this manner is that plaintiffs may suffer for many years after the payments have ceased. If this is a possibility, then your personal-injury lawyer may claim pain and suffering damages based on actual damages.
2. Based on Actual Damages
According to the Department of Motor Vehicles, accident victims who have suffered physical or emotional harm may be eligible for pain and suffering damages. Attorneys often calculate these damages based on the quantifiable losses.
These losses include expenses for doctor’s visits and medical treatments, as well as lost wages. Your attorney can multiply these costs by a fixed number, typically between one and five, and claim this amount for pain and suffering. The multiplier will increase based on the nature of the negligence and the severity of the injury.
If you were injured in a car accident, then it is important to seek medical attention as soon as possible. A doctor’s record not only can tie your injuries to the crash, but it may also help your lawyer claim pain and suffering damages.
A Cedar Rapids accident attorney from Eells & Tronvold Law Offices, PLC can help you seek compensation from the at-fault party. To get started, schedule a consultation by calling our office at 319-393-1020.
