For those that have sought legal help to file a claim for pain and suffering in the state of Michigan, it is normal to have questions pertaining to the parameters and extent of such a claim. Let’s say on your daily commute to work, a car ran a red light and rammed into your car. Such a serious accident will undoubtedly lead to a number of physical, mental, and quality of life damages in addition to obvious monetary damages. So how does one measure pain and suffering in order to determine an appropriate compensation?
How is ‘pain and suffering’ damages calculated?
The pain and suffering category of personal injury is uniquely difficult to measure the extent of due to the abstract and subjective nature of non-economic losses. Likewise, there is no universal way to measure the amount of pain and suffering damages one has experienced. However, the ‘multiplier method’ is probably the most well-known equation and is commonly used by insurance companies servicing the Metro Detroit area.
How much evidence do I need to back up my case?
When seeking legal action, the judge/jury ultimately decides if the victim’s claims are valid. The success of your case depends on how well you can provide proof that you did, in fact, experience the level of damages you claim. It is imperative to have solid evidence that supports your claims, and the reliability required for such evidence depends on your case. Those with less severe damages may only need a doctor’s note, but victims claiming more severe damages should have solid evidence including witness testimonies and medical documentation of physical injuries(e.g. CT scan results, x-ray images). Medical files from a hospital visit can be paramount to winning a case.
When should you consult a lawyer?
A MVA attorney can help you calculate an accurate measurement of your pain and suffering damages. Lawyer expertise may be especially helpful for victims of severe damages, as they have far more to lose and possibly gain.