How Is Compensation For Pain And Suffering Calculated In A Personal Injury Claim?
There is no easy answer when it comes to calculating compensation for pain and suffering in a personal injury claim. The amount of money you may be awarded will depend on several factors, including the severity of your injuries, the length of time it takes to recover, and the impact your injuries have had on your life.
That being said, there are some methods that legal advisors such as Claims Action and the courts often use to calculate pain and suffering damages. In this article, we’ll discuss the factors that will be considered in calculating your claim.
Table of Contents
Loss of Earnings
One of the first things that will be considered when calculating your damages is the loss of earnings. This takes into account the wages you would have earned had you not been injured and any future earnings that may be lost because of your injuries.
For example, if you cannot return to work due to your injuries, the loss of earnings calculation will consider the wages you would have earned up until the time you are able to return to work. If you are permanently disabled and can never return to work, then the calculation will take into account the wages you would have earned over your lifetime.
Medical Care
Another factor that will be considered in the calculation is the cost of medical care. This includes both the past and future costs of medical treatment, as well as any costs for rehabilitation or therapies.
The cost of medical care will be calculated based on the actual expenses incurred, as well as any estimates for future costs.
Additional Care
If you require additional care due to your injuries, the costs of this care will also be included in the calculation. This could include the cost of hiring a caregiver, a cleaner, or a gardener if your injuries mean that you need additional help because of the accident.
Adaptions To Your House
If you need to make adaptations to your house due to your injuries, the costs of these will be included in the calculation. For example, if you need a wheelchair ramp, a downstairs bedroom, or wheelchair-accessible doors, then these will form part of your claim calculation.
Adaptions To Your Car
If you need hand controls or a wheelchair lift fitted to your car, then these will be included in your claim. It may also be that you have incurred expenses such as taxi fares if there have been periods when you’ve been unable to drive.
Damage To Your Property
If your injuries have resulted in damage to your property, such as your clothing or personal belongings, then the cost of repairing or replacing these items will be included in the calculation. It’s very easy to forget these, but there is no reason why you should incur the expense of replacing clothing or glasses that have been damaged in the accident.
To ensure that everything gets included in your claim, it’s a good idea to keep receipts for any expenses, as these will be used as evidence of the costs incurred.
Loss Of Amenities
If your injuries have meant that you can no longer enjoy activities that you used to take part in, such as sports or going to the gym, then this will be taken into account. This is known as loss of amenities and is often referred to as “loss of enjoyment of life.”
The amount awarded for loss of amenities will depend on how much enjoyment you got from the activity prior to being injured and how much the injury has impacted your ability to take part in it.
Punitive Damages
In some cases, the court may also award punitive damages. These are designed to punish the person who caused the accident and act as a deterrent to others from behaving in the same way. Punitive damages are only awarded in cases where the actions of the defendant were particularly reckless or dangerous.
Calculating Your Claim
Now that you know what factors will be taken into account in the calculation of your claim, you need to start putting a value on each of these factors. This can be difficult to do, and it’s important to get professional help to make sure that you don’t undervalue your claim.
A personal injury lawyer will be able to give you an idea of how much your claim is worth and will help you to get the maximum amount of compensation possible. They will also be able to negotiate with the insurance company on your behalf and take your claim to court if necessary.
Getting professional help with your claim is the best way to make sure that you get the full amount of compensation that you deserve.
