While it may seem difficult to put a numeric value on the pain and suffering one goes through after an injury, compensation for damages has to be calculated. This type of damages is classified as compensatory damages. The compensation is calculated based on a variety of factors, including the severity and duration of pain, along with the symptoms of lingering pain and emotional distress. Unsurprisingly, lingering symptoms can be difficult to prove in general, and even more difficult to reflect in a court-of-law.
When looking to prove you have been through pain and suffering following an injury, it is important to understand how an insurance adjuster will calculate pain and suffering.
After you have completed your medical treatment and therapy, coming up with the monetary amount for medical care is relatively easy. However, putting a monetary amount to your pain and suffering is much more difficult. So how do adjusters do it? The basic method used is the 1-5x multiple system, where one is the lowest pain and suffering, whereas five is the highest amount. They will consider the following aspects:
Severity of an injury. Soft tissue injuries tend to stay within 1 – 2x the full amount of your care. However, harder injuries, such as a broken collarbone, will likely be between 2 – 3x as much. Brain damage, however, will be put at 5x or more of the amount.
Liability of the insured person. If the victim is partially at fault or a third-party intervened in such a way that contributed to the accident, the question of liability may affect compensation.
Future prognosis. When extended medical treatment is clear and evident, the amount of pain and suffering is increased. This is because having to go through long-term treatments adds to the emotional distress of the ordeal, making the award much higher.
History of jury verdicts. Many find it surprising that other awards could influence their award. Geographic location plays a huge role in this aspect of calculation. Someone injured in the Midwest will likely have a lower award than someone in NYC, which an adjuster takes into consideration.
Exceptions. When the aftereffects of an injury are high but the cost of medical care was low, the case will be considered under its own merits.
Don’t let an adjuster be the full force in deciding what you deserve after a personal injury accident. Our Connecticut personal injury lawyers at Jonathan Perkins Injury Lawyers understand how adjusters work and how to present a better case for a more profitable outcome.
When bad weather strikes and there’s snow and ice on the ground, most people worry about driving conditions. They reduce their speed. They make sure that their lights are on when it’s snowing. They make sure that they have plenty of windshield wiper fluid in reserve and that they have blankets in the car in case they get stuck. Unfortunately, they don’t take the same precautions once they step out of their car and set foot in parking lots and supermarkets. Store owners, commercial property managers, and even homeowners have a responsibility for making sure that all hazards are removed, and that includes removing snow and ice on walkways and cleaning up water from their floors. Failure to do so can leave them vulnerable to premises liability claims. But the slip and fall attorneys at Jonathan Perkins Injury Lawyers want you to know that in many cases, those who suffer injuries in falls will also be asked about what precautions they took to make sure that they were securing their own safety. You can’t act with disregard for your own safety and then place all the blame on another party. Here are some ideas for what you can do before inclement weather to help prevent slip and fall accidents.
Make sure you keep your eyes open. Go around areas where there is ice and if there is clearly water on the ground, stay away from it. If there is no other path that you can follow, make sure that you take it slowly.
Be smart about your footwear. Wet or wintry weather is not the time for spikey high heels. Instead wear shoes that provide stability, warmth and traction.
If there are handrails available, use them. Whether you’re going up or down a set of stairs or the handrails are mounted for use by the handicapped on a flat surface, use them if there’s any chance of slipping.
Be aware that being inside is not a guarantee that you’re safe. The ice and snow that you’ve walked through has been tracked inside by the people before you, and that means that floors are wet and slippery.
Do you have a glasses prescription? Then wear them! Far too many people allow vanity or convenience to rule the day, leaving their glasses behind and leaving themselves at a disadvantage for watching out for hazards.
If you have a dog, install a fence around your yard. Having a fence can provide you with the ability to let the dog out back when it needs to go to the bathroom instead of going for a walk. Even if you and the dog enjoy the experience, there are some weather conditions where it’s smarter to skip it.
Carry a small bag of sand with you. It’s amazing what a difference it can make, especially when you encounter an area where a property owner has not yet gotten to shovel, salt or sand.
The best way to deal with a slip and fall accident is to avoid it in the first place. But if you’ve been injured and think negligence of a property owner played a part, call Jonathan Perkins Injury Lawyers today.
Slip and fall injuries are extremely serious. According to the National Floor Safety Institute (NFSI), falls are behind over 8 million trips to the emergency room each year, leading all other reasons. Slip and falls that happen at work are the most frequent cause of lost days and the leading cause of workers’ compensation claims. Perhaps most frightening of all, half of all accidental deaths that occur in American homes are a result of fall injuries. Falls can be particularly dangerous for those who are over the age of 65, as they are the second leading cause of injury-related death, and the leading cause of injury-related death for those over the age of 85. In far too many instances, slip and fall injuries are the direct result of negligence on the part of a property owner or manager. If you or someone you love was injured as a result of a slip and fall accident, you may be eligible to file a personal injury lawsuit that will provide compensation for your medical expenses, lost wages, and other damages.
There are many different types of injuries that can result from a slip and fall accident. These include:
Fractures – Of all the injuries that can result from a slip and fall accident, fractures and broken bones are among the most common. Though most heal, fractures can give rise to a number of complications, including neurovascular damage, blood clots, and more.
Head – When a slip and fall results in a head injury, the end result can be as mild as a bump to as serious as a traumatic brain injury and brain damage. Victims can require rehabilitation and long-term care.
Torn tendons and ligaments – Though a torn tendon or ligament may seem a minor injury, it can have very real long-term consequences, including extended recovery periods, pain, and loss of ability. In many cases these injuries require repair through surgery.
Broken hip or pelvis – This injury is most common in the elderly, and can result in the need for surgery and prolonged inpatient or nursing home care. According to a study published in the Journal of the American Medical Association, among older women the mortality rate doubles in the first year after suffering a broken hip.
Back, spine and neck – These types of injuries may result from the fall itself or from trying to avoid a fall by catching yourself. The physical impact of either can lead to a broken back, slipped disks, pulled muscles and more that require surgery or cause chronic pain.
Any of the injuries listed above can lead to medical expenses, lost wages, lost abilities, pain, and more. The impact on your physical and financial wellbeing, as well as your quality of live, can be devastating. At Jonathan Perkins Injury Lawyers, we are dedicated to getting you the compensation you need to help you get your life back in order following a slip and fall injury. Call us today to set up a free appointment to discuss how we can help.