How Do Insurance Companies Determine Pain & Suffering?

It’s no secret insurance companies are often reluctant to pay injury claims. It’s unsurprising. They make the majority of their money by taking premiums from their policyholders, and by paying for the damage, they stand to lose a significant amount of money. They typically, therefore, investigate each claim with the utmost care, looking for anything that could slightly resemble a loophole or a lie. For example, they must determine if a claimant is actually experiencing pain and suffering before they will compensate that individual.

Pain and suffering refer to the number of injuries a person may suffer as a result of an accident. It can be physical, emotional, or mental injuries that often lead to loss of the enjoyment of life. Quantifying this type of injury can be difficult. How do you compensate someone for a sudden onset of insomnia, phobias, or grief?

Attorneys for plaintiffs are usually trained to use one of two methods for calculating pain and suffering. The first is to multiply their client’s actual damages by a certain number, usually between 1 and 5. It depends on the severity of the injury. The second includes using a per diem approach. With this method, a certain amount of money is assigned to every day from the day of the accident until the client reached maximum recovery.

However, insurance companies are under no obligation to consider these methods valid. Many companies use computer programs to determine what amount if any, should be allotted to pain and suffering. They must also have proof of such stress before they will compensate people for it. If they detect any falsehood, for example using evidence from social media that you’re not experiencing constant pain, they will not pay you for the damage.

If you’re experiencing problems getting compensation from an insurance company, talk to one of our skilled Durham personal injury attorneys. You deserve compensation for your injuries, especially if they were caused by someone else’s negligence or carelessness. At Hyland, Padilla & Fowler, PLLC, we have dedicated ourselves to protecting the rights of our clients and achieving them the compensation they deserve. We have a proud history of representing individuals and holding negligent parties accountable for their actions. We can represent you in negotiations and in the courtroom. Our staff is also bilingual, and we offer open communication with clients, including a 24/7 after-hours bilingual answering service. Our firm has more than 50 years of collective legal experience to offer your case, and we have successfully represented thousands. Let us see what we can do for you. Contact us or fill out our online form to schedule a free case consultation today. We look forward to speaking with you about your situation.

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