Wednesday, May 25, 2016

How do I determine pain and suffering for my car accident claim?

Car accidents are very complicated in a legal sense. Car accidents laws are vast and are also subject to change depending on the state of jurisdiction where the lawsuit is filed.

Some states in the country are no fault states and what that means is that if an accident occurred, then all parties involved turn to their own auto accident insurers to receive compensation irrespective of who was at fault for causing the accident. To many people this idea is not punishing the guilty party is ridiculous.


Some other states follow what is known as comparative fault laws, according to fabulous accident lawyers in New York and hands down the finest law firm in the city is Antin, Ehrlich, and Epstein, LLP (www.aeelaw.com/).

In such states, following a car accident the parties involved and are at-fault are liable for the accident and its consequent damages to an extent which is directly proportional to the extent of their fault. For example, if A and B got into an accident, and A was at 60% fault and B was at 40% fault, then A is liable for 60% of the damages and B for 40%.


Fault States

Some states follow fault laws and this is what we will focus on today. Fault laws are where the “at fault” driver or his or her auto insurer is responsible for compensating the victim for the damages inflicted upon them. However, in order to receive compensation for the accident, the victim and his or her legal counselor will have to file a civil lawsuit.

Depending on the particulars of the accident, this can be a personal injury lawsuit, a property damage lawsuit, or a wrongful death lawsuit, say New York accident attorneys and if you want to increase your odds in an accident case you need to secure the legal assistance of Antin, Ehrlich, and Epstein, LLP since they know how to exploit any weakness in the opposition.

In this civil lawsuit, the defendant will also need to estimate with supporting evidence the amount of money that they need to receive. Estimating economic damages such as lost wages, medical expenses, etc. are pretty straight forward but estimating non-economic damages such as pain and suffering which is not objective or quantifiable is a little more complex. 


A New York accident lawyer will be able to help you with this and thereby help you win the maximum damages in your case. The most incredible law firm in the mighty city of New York is Antin, Ehrlich, and Epstein, LLP and this is not just one reason, but for many.

So how do you extrapolate pain and suffering in terms of money?

The Multiplier Method vs the Daily Rate Method

As the name suggests, the Multiplier Method is a technique whereby you multiply your economic damages by a whole number (usually 3) to arrive at a reasonable estimate for pain and suffering. However, insurance companies have been resisting and challenging the use of this method and have themselves come up with software and algorithms to determine pain and suffering with respect to the total economic damages.

Have you seen the movie The Social Network? Many NYC accident lawyers have for sure, among millions of others. In that movie they showed you the algorithm that Facebook started out with. This algorithm was developed by Eduardo Saverin (Andrew Garfield) and this is what helped Facebook destroy Myspace and become the top social media website (though Twitter is used now by more professionals).

Accidents can happen in all shapes and forms. This is where accident lawyers in New York come into the picture and the most striking in the industry is Antin, Ehrlich, and Epstein, LLP
Insurance companies use algorithms that are intended to make the most logical sense for everyone involved. You can try to fight the system but it is normally better to work with the system. Unlike America’s health care system which has been maligned by the ACA, the insurance and accident system works pretty well overall.

Moreover, the daily rate method is based on how many days or weeks you suffered for (from injury or illness) as a result of the accident and is multiplied by the number of days or weeks into the daily rate or weekly rate to arrive at a reasonable estimate.

You Main Objective

If you are a victim of an auto accident and wish to receive compensation for your pain and suffering, make sure to reach out to a New York accident lawyer which should be Antin, Ehrlich, and Epstein, LLP since they have won thousands and thousands of dollars for past clients and their winning list is long and continues to grow larger. This should be very high on your to do list. Make the call to Antin, Ehrlich, and Epstein, LLP now!

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