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Pain And Suffering: Make Sure You Understand The Term

by Gene Vasquez

The term "pain and suffering" is discussed widely in the realms of personal injury cases. However, while the term seems rather straightforward, in the eyes of the law, it is not as straightforward as you might expect. To boost your chances of a successful claim, it is best for all injury victims to understand what "pain and suffering" entails. 

Not as Simple as It Seems

On the surface, the idea of pain and suffering would seem simple. If you are the victim of injuries caused by someone else and you have experienced any level of pain and suffering, you have a valid claim, right? Not exactly. 

The term serves as more of a descriptor for an umbrella of concerns, and legally, there is a threshold that must be met. Generally, the injury needs to cause a marked level of discomfort, produce at least a short-term effect on your wellbeing, and have had an impact on your daily living.

Closer Scrutiny Should Be Expected

Any injury claim filed with an insurance company will undergo a certain level of scrutiny. However, those claims that include a request for compensation for pain and suffering often undergo an even greater level of review. 

One reason for this is that these claims often include payments well above what is necessary to cover lost wages, property damage, and medical expenses. As such, the insurance company will have someone closely review your records to ensure that your injuries meet the threshold. If you work with an attorney, they will work to ensure your records are well-prepared. 

Dollar Amounts Vary

An award for pain and suffering does not come with a set amount of compensation. In the same manner that all injury cases are assessed on a case-by-case basis, the amount a victim is awarded for pain and suffering can vary greatly. 

Generally, the amount of this award is based on a multiplier equation. With this process, the total amount of your award is multiplied by a specific number to provide compensation for the set damages as well as the pain and suffering. For instance, in the case of an accident involving $3,500 in damages, this total may be multiplied by 3 to make the total award amount $10,500. 

To determine whether or not you have a valid claim for pain and suffering, it is always best to speak with an attorney. An attorney can help review your claim and ensure you are on the right path for fair compensation.

To learn more, contact a personal injury lawyer.

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