If you have been involved in an automobile or motorcycle accident and deserve compensation for the pain and suffering along with the hardships that accompany a wreck, Dove Law Firm Personal Injury Attorney, Shawn Haven Dove, can help you receive the maximum payout.  Our firm will determine the following to combat the insurance companies:  The extent of your damages that have you sustained, liability and all insurance companies involved.  Below is an explanation for some factors in a personal injury case and

 What are Damages in a Insurance Accident Claim?

Often, damages are the most disputed portion of your injury claim against the insurance agency.  It is extremely important that you seek medical attention immediately and follow up on all medical appointments.  If you fail to go to your treatment, it is more difficult to prove your injuries, and usually lessens your total claim amount.  Unfortunately, anyone can claim that they are injured and because pain is subjective, it is difficult to determine an amount owed.  The insurance companies only consider injuries that have been treated and noted by medical professionals.  Your medical appointments and records will give more strength and legitimacy to your overall claim.  The following calculation and explanation of terms help provide context.   

Damages = Past Medical Bills + Future Medical Bills + Past Lost Wages + Future Lost Wages + Pain and Suffering. 

Medical Injuries and Treatment: You are entitled to recover any medical expenses that you have incurred or expect to incur in the future due to the accident and negligence of the other driver.

 

Loss of Income: You are entitled to compensation lost due to missed work for recovery time because of the accident.  Medical appointments, physical therapy and chiropractic treatment times that take away from work will be reimbursed by the other insurance company.  Additionally, you can recover any future earnings that you can prove that you will miss out on, due to permanent injuries.

 

Loss of Property:   Damage to vehicles, clothing or other personal items as a result of the accident, will be reimbursed for their fair market value.

 

Pain and Suffering: You are entitled to receive compensation for pain and suffering that you experienced because of the accident.  Physical pain and suffering is the pain you experience due to the actual physical injuries sustained.  Anticipated future pain and suffering is also accounted for, but more difficult to prove.  Under Arizona law, you can be made whole, as if the accident never happened.  Although this may be difficult to quantitate, we can help.

 

Emotional distress: Emotional damages are meant to compensate for the psychological impact of an injury that disturbs the regularity of a person’s life.  This includes mental anguish, fear, anxiety, depression, loss of appetite and sleep loss.

 

Loss of enjoyment:  Injuries from anything likely cause a person from enjoying their everyday life pursuits like exercise, time with family, hobbies and other activities.  An accident victim able to be compensated for the “loss of enjoyment” damages as a result.

The Accident Injury Attorneys of Arizona at Dove Law Firm know how to ask the insurance companies the right questions and convey the right information to maximize the full recovery possible for you and your family.  ………….

The most difficult part of the negotiation process is to quantify Pain and Suffering.  Dove Law Firm’s Personal Injury attorneys are experienced in analyzing the case and guiding you to recover the best result.  It is simple for attorneys to total the medical bills and lost wages, but how do you measure the pain and suffering such as physical and emotional harm? The answer depends upon the information below:

How is Pain and Suffering Calculated?

 

As an Attorney or Insurance Agent:

Some people have heard about a “multiplier” being used in personal injury cases, where pain and suffering is calculated as being worth some multiple of the injured person’s total medical bills and lost earnings.  Often, the “multiplier” is considered to be somewhere between 1.5 and 5, meaning that the pain and suffering is 1.5 to 5 times the value of the claimant’s past and future medical bills plus lost wages. However, the “multiplier” is only a very rough estimate and can be greatly dependent upon the attorney you hire.  An attorney that spends the majority of his practice on personal injury attorneys can make a great difference in the settlement amount that you end up with.

In a Trial Setting:

If the case goes to trial and is decided by a jury, Judges do not give juries much in the way of guidelines for determining the value of pain and suffering in a personal injury lawsuit. The court simply instruct juries to use common sense and their background and experience in determining what would be a fair and reasonable figure to compensate for the plaintiff’s pain and suffering.

Factors in a Trial:

There are many factors that affect the value of the pain and suffering component of a personal injury case. These include:

·         Whether the Plaintiff (You) is a good or bad witness.

·         Whether the Plaintiff is likeable.

·         Whether the Plaintiff is Credible?  Does he or she have a criminal history.

·         Whether the Plaintiff’s testimony regarding his or her injuries is consistent.

·         Whether the Plaintiff is exaggerating his or her claims of pain and suffering.

·         Whether the Plaintiff’s physicians support the Plaintiff’s claims of pain and suffering.

·         Whether the Plaintiff’s diagnosis, injuries, and claims make common sense to the jury.

At Dove Law Firm, we are dedicated to helping those in need after they have been injured in an accident.  We will meet with you at our office at your convenience, or if you are severely injured, we will come to your home or hospital room.  For a Free Consultation Please Call (480) 213-4489 or Email me at [email protected].  Web: www.dovelawaz.com  Fax: (480) 383-6298.

Shawn H. Dove
Attorney at Law

Sources:  http://www.nolo.com/legal-encyclopedia/what-pain-suffering-personal-injury-case.html