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There are different types of damages that you may incur in an accident, including economic and non-economic. One of the most significant non-economic damages is pain and suffering. You should understand what you can recover for pain and suffering damages and how to maximize that compensation.
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What Is Pain and Suffering?
Pain and suffering is a type of non-economic damage often suffered by the victim of a personal injury accident.
Non-economic damages are difficult to place a value on because they do not represent direct out-of-pocket expenses like economic damages. However, insurance companies and your personal injury attorney can help determine exactly how much your pain and suffering is worth.
Pain and suffering may have both physical and mental elements. Some examples of pain and suffering include:
- Mental Anguish
- Emotional Distress
- Physical Pain
- Fright and Shock
- Embarrassment and Humiliation
Statute of Limitations in Michigan
It’s important to know that you have a deadline, or “statute of limitations,” within which you must file a lawsuit to recover pain and suffering. In Michigan, your personal injury statute of limitations is three years.
That means you have three years from the date of your injury to file a lawsuit. If you fail to meet this deadline, you forfeit your right to compensation, no matter how strong your case is.
How Do You Measure Pain and Suffering?
You can take steps to maximize the value of your pain and suffering claim. When the insurance company measures the value of your non-economic damages like pain and suffering, they will look at certain aspects of your claim, including:
- The severity of your injuries
- Documentation of your damages
- How your injuries impacted your life
- How your injuries impacted the lives of your friends and family
- The impact your injuries will have on your future
You need to carefully document everything about your pain and suffering, including the level of pain you experience and how it affects your life.
Compensation for Pain and Suffering in Michigan
Pain and suffering is mainly subjective, so it can be challenging to place a value on it. However, with the help of a personal injury attorney, you can receive the compensation you deserve.
Per Diem Calculation
Some insurance companies place a daily value on non-economic damages like pain and suffering. They calculate how many days you experienced the harm and multiply that by a specific amount of money.
Per diem calculation of pain and suffering can be unfair because you may never fully heal. That means you won’t get fully compensated for future pain and suffering.
Multiplier Method of Calculating Pain and Suffering
Other insurance companies multiply the value of determinable economic damages by a certain amount to reach a specific value for non-economic damages.
For example, the insurance company may multiply your economic damages by 2.5 to determine the value of your pain and suffering. If you had $100,000 in economic damages, they may offer you $250,000 in pain and suffering compensation.
How a Lawyer Can Help
A knowledgeable personal injury lawyer is essential in helping you get the most out of your claim. Some of the actions your attorney can help with a pain and suffering lawsuit include:
- Investigating the details of your case
- Proving the liable party’s negligence
- Collecting evidence to show the severity of your injuries
- Properly valuing your pain and suffering
- Making a demand to the insurance company
- Drafting legal documents
- Arguing and negotiating on your behalf
- Going to trial, if necessary
Although there are pain and suffering calculators on the internet, they are unreliable. Your recovery depends on the insurance policy limits, the severity of your injuries, and your ability to negotiate with the insurance company. A personal injury lawyer can obtain all this information.
Contact Davis Injury Lawyers, PLLC Today
We know you have significant injuries beyond what can be measured with medical bills and lost wages. We want to help you get the maximum amount of compensation possible for non-economic injuries like pain and suffering.
When you call the personal injury lawyers at Davis Injury Lawyers, PLLC, we will review your case and help you understand the value.