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Many accident victims do not realize they are entitled to “pain and suffering damages.” At its most basic essence, pain and suffering describes both the physical and mental injuries suffered by an accident victim. Personal injury victims often suffer greatly from these non-economic damages. More so than their economic losses.
Insurance companies try to save money by minimizing the value of your pain and suffering. They know there is no set formula to calculate non-economic damages, so they often make lowball offers hoping injury victims don’t know any better.
If you have been involved in a car accident and are worried about insurance negotiations, a Phoenix car accident lawyer at Gage Mathers Law Group is the answer to your concerns.
Many people use “pain and suffering” to describe all non-economic damages suffered after an accident. In that case, pain and suffering includes:
In Arizona, you have the legal right to be compensated for each and every one of these aspects of your non-economic damages. You should be compensated when someone else is responsible for your inability to lead a normal life due to physical or mental trauma from an accident.
Pain and suffering constitute a category of non-economic damages, encompassing intangible losses that significantly impede the victim’s quality of life. Referred to as general damages, these non-economic losses lack a specific monetary valuation but emanate from injuries attributable to another party’s negligence.
Most people, when valuing non-economic damages, use the economic damages as an anchor. This is called the Multiplier Method. It involves assigning a number to the severity of your injury based on a scale from 0 to 5. They take this number and multiply it by your total economic damages to value your non-economic losses. Advocates tend to use the entire amount of your economic damages, including wage loss and property damage, while insurance adjusters tend to apply the multiplier to only your medical expenses.
Here’s a very generic, but not uncommon, example of the Multiplier Method:
Economic Damages = [$34,000 of medical expenses] + [$10,000 of lost wages] + [$6,000 of vehicle repairs] = $50,000
Non-Economic Damages (by your lawyer) = $50,000 economic damages X [2 multiplier] = $100,000
Non-Economic Damages (by an insurance adjuster) = $34,000 X [0.5 multiplier] = $17,000
As you can see, your lawyer will value your case around $150,000 and the insurance adjuster will value your case around $67,000.
This is a popular method used by insurance companies in personal injury claims, but unlike an insurance adjuster, we will take the time to factor in all of your economic damages before coming to a final figure.
Proving pain and suffering is more challenging than proving economic losses. Therefore, you need compelling evidence because your subjective experience becomes a pivotal factor in determining the amount of compensation. To establish a solid case for pain and suffering, various types of evidence should be gathered and presented:
A car accident attorney will be able to assist you in gathering this documentation. At Gage Mathers Law Group, we have the experience and skills to obtain information that may not be easily accessible.
No. Approximately a dozen states have a damage cap on personal injury and wrongful death cases. Thankfully, Arizona is not one of them. There is no limit on how much compensation you can receive for pain and suffering damages in your personal injury case.
A skilled Phoenix car accident Lawyer brings valuable experience in navigating interactions with insurance companies and their adjusters. Without proper legal representation, there’s a risk of getting stuck with a less-than-fair settlement offer.
Personal injury lawyers employ effective strategies in negotiations with insurance carriers, and entrusting your attorney to advocate on your behalf provides the optimal opportunity for receiving just compensation.
Moreover, a personal injury attorney is committed to protecting your interests, and if necessary, they are prepared to take your case to trial without hesitation. Well-versed in court procedures and deadlines, they diligently handle all necessary forms and paperwork, ensuring timely and accurate filings.
It’s worth noting that insurance companies typically prefer avoiding courtroom proceedings due to the potential for higher payouts compared to private settlements. Having a personal injury attorney by your side not only safeguards your rights but also increases the likelihood of a fair resolution without the need for protracted legal battles.
At Gage Mathers Law Group, we believe providing clients with the best legal counsel requires an aggressive approach. If you have been hurt in a car accident, you need an attorney who will fight for the compensation you desperately need and deserve.
By hiring us, you are telling the insurance company that you are not afraid to put up a fight. Contact us today to schedule your free consultation.
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