Wednesday, December 2, 2015

What Methods are used to Determine Pain and Suffering in a Car Accident Case

How a California accident lawyer can help

(Sacramento, California) – December 2nd, 2015 –  When a car accident victim files an injury claim after the accident, it is not easy to determine just how much his or her injuries are really worth. For the most part, insurance companies resort to diverse methods to determine the value of personal injury claims, which usually consists of reimbursement for lost wages and medical bills, along with a subjective factor known as "pain and suffering."

Sacramento, CA accident lawyers say there are two common methods to calculate the actual value of a car accident claim: The per diem method and multiplier method. No one says you need to be expert on this. You have enough things on your mind but the system does not really care about you at this point in time. How do you make them care? You press this button and you find that legal assistance that will make them care!

The multiplier method

This method is frequently used to assess damages due to pain and suffering. This involves multiplying the real damages such as lost wages and medical bills by a specific number. Sacramento accident lawyers are familiar with the practice that says the real damages are multiplied 3 times to arrive at a fair value. Thus, if your actual medical expenses are $6,000.00 and lost wages $2,000.00, the fair value is $24,000.00.

In recent years, things have changed to an extent, with insurance companies refusing to concede automatically to 3x amount. Instead, the latest method is to multiply the actual damages by a number that is determined via certain complicated software programs, which often results in a claim being undervalued. This multiplier usually takes into account the seriousness of injuries, aggravating circumstances, if any, and the time taken to recover from the injuries. This means that for serious injuries your suffering is much worse than that of a minor one.

Thus the more severe the accident, the multiplier may be three or even four, but in a mere fender bender, it may be a mere 1 or 2. The multiplier can be even higher for aggravating circumstances, such as if the offending driver was intoxicated. In the same way, if your actions or inactions were partly to blame, a much lower multiplier will be used to assess the cost of your pain and suffering.

This means that you should not continue treatment for minor injuries as it won’t add to the value of your case and over-treatment can backfire, ending in medical bills unpaid and insufficient compensation.

Everyone says accidents happen but when it happens your world can be turned upside down and that simple cliche because much more vivid. What do you do? How loud do you scream? Your nice car is messed up. How do you make all this go away? Relax - go right here to hire a Sacramento accident lawyer - https://usattorneys.com/. The other side made a mistake - this does not make them evil. Your lawyer will know what to do and will explain the process to you so you can grab that financial restitution from the guilty party that you deserve.  
The per diem method

As per Sacramento, California accident attorneys, some insurance companies resort to a daily rate to compute the pain and suffering side of injury claims, at a "per diem" or daily rate calculation, and a sum of money is allocated for every day or week that you suffer due to injury in a car accident.

It is prudent to apply a combination of both methods so that you can obtain a reasonable value for your injury claim. When you arrive at a multiplier that you feel comfortable with, use it as a base when negotiating the final settlement. This requires the drafting of a demand letter which is best left to a judicious California accident lawyer. This is the first step in the negotiation process that requires the expertise of a legal professional who will set you on the right path for a favorable settlement. 

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