If you have been injured in a traffic accident due to the negligence of another driver, you may be entitled to compensation for your pain and suffering. Working with an attorney who specializes in auto accident claims in Houston can be a good first step toward getting your life back to normal after these traumatic events. Understanding the basis for pain and suffering awards in the Texas legal system can help you to navigate the process more easily.
What Is Pain and Suffering?
When considering your insurance claim, your adjuster will consider two separate categories of pain and suffering. Physical pain awards are usually based on the severity of the accident and the extent of medical care required. Emotional trauma is more difficult to assess and may require additional documentation or expert testimony by a qualified medical professional. The dollar amount paid by insurers will vary depending on a number of factors that include the extent of your injuries, the amount of evidence supporting your claims, the duration of your symptoms and the degree to which you are adjudged to be at fault in the accident.
Calculating Settlements for Pain and Suffering
While each insurance company may have its own algorithm and method for determining the settlement offer they will make for pain and suffering insurance claims, there are a few generally accepted methods that are used throughout the industry. The per diem method assumes a specific amount of money for each day on which you experienced pain or were restricted in your activities because of injuries or trauma caused by the accident. The multiplier method is derived by multiplying the total dollar amount of the medical bills you incurred by a number from one to five depending on the severity of your injuries. Finally, some insurers simply provide you with their own estimate of the value of your pain and suffering. In all these cases, working with an experienced Houston traffic accident lawyer can often increase your chance of obtaining the compensation to which you are rightfully entitled.
In some instances, it may be necessary to file a Houston auto accident lawsuit to achieve a fair settlement for your injuries and damages. The professional legal team at DeSimone Law Office can provide you with assertive and effective representation both in court and in negotiations with insurance companies. Our expertise and experience can help you obtain the compensation you deserve for your personal injury claim. Give us a call today at 713-526-0900 to schedule a free case evaluation with our legal team.