How Pain and Suffering Claims Work

San Fernando Valley Law Firm SM Law Group Explains Personal Injury Claims

Personal injury claims were created to compensate men and women who were injured because of another person’s negligence. Here at SM Law Group, our attorneys and staff assist the people of Los Angeles with a wide variety of personal injury claims, including car accidents, workers’ compensation, slip and falls, and other injuries. One of the common questions we get from clients is about their compensation for “pain and suffering.” What does this mean? How is it calculated? How much can I expect to receive?

Pain and suffering claims can often be an abstract concept that can only be quantified after a thorough review of a client’s case after their medical treatment is completed, all relevant evidence is reviewed, and the defendant’s financial situation is analyzed. In general, pain and suffering was instituted to give additional payment to an accident victim to compensate them for losses they incur other than medical bills, property damage, and lost wages.

How is Pain and Suffering Calculated?

Compensation for pain and suffering is usually calculated based on a weekly rate. For example, if you were hospitalized for three weeks and then were able to go back to work on a limited basis for ten weeks after that, you will usually be compensated for three weeks of total disability and ten weeks of partial disability. What insurance companies value total and partial disability depends on a variety of factors, which is why you need an attorney to negotiate with them and ensure that the rate you are getting is fair given the pain and inconvenience that the accident caused you. Your attorney will utilize your medical records, testimony, and other evidence to demonstrate why it is that you should be entitled to a greater weekly rate for your pain and suffering in your San Fernando Valley accident.

How Much Will I Get?

There is no one answer to how much you will get as compensation for your pain and suffering. If the individual you are suing is represented by an insurance company, it will be easier to determine what the potential payout could be from a settlement. However, if insurance isn’t available and you will be suing the defendant as an individual, you will need to speak with your attorney about possible sources of income, including other insurance policies, co-defendants, and the financial status of the defendant. While this should not affect the amount you are awarded, it may affect the amount you are able to collect.

Call SM Law Group Today

If you have questions about filing a San Fernando Valley personal injury case and the amount that you could be entitled to for pain and suffering, the best thing to do is speak to an attorney. Here at SM Law Group, our lawyers and staff can help you make important legal decisions about your accident case. Remember that you have a limited amount of time to file a claim. Call SM Law Group today.