You suffered serious injuries in a slip and fall due to another party’s negligence. Now what? You may have questions about how much compensation you deserve, especially as it relates to pain and suffering. You can calculate your medical bills and your lost wages, but pain and suffering does not have a tangible financial value–at least not until you get ready to calculate its value in your settlement.
How much is the pain and suffering worth after your slip-and-fall accident? Each claim looks a little different, and the compensation you ultimately recover may depend on the unique circumstances surrounding your accident.
Basic Calculations for Pain and Suffering
Calculating pain and suffering from a personal injury claim usually means taking a look at the special damages–that is, the direct financial damages–you need to claim as part of your lawsuit. While an attorney cannot guarantee how much compensation you will ultimately recover as part of your personal injury claim, attorneys will typically start by taking a look at your calculable financial losses related to the accident. Most notably, these include your medical costs and lost wages related to the accident.
Then, your attorney will ask for around three to five times the cost of your financial losses in pain and suffering.
How much will your lawyer actually ask for? That may depend on how your slip-and-fall accident injuries impact you.
What percentage will my Lawyer use for Pain and Suffering?
The percentage of your special damages that your lawyer asks for in regards to pain and suffering may depend on several key elements of your personal injury claim.
- How severe are your injuries, and how much do they impact your life? The greater the impact your injuries have on your life and livelihood, the more compensation your attorney may ask for.
- What losses have you faced as a result of your injuries? The specific losses you face may be different from those that someone else with similar injuries might experience, so it’s important to discuss your actual limitations with your attorney.
- What pain and emotional trauma have you experienced as a result of your accident and your injuries?
- How long can you expect the suffering from your accident to last? Will you have long-term limitations and pain, or will you ultimately make a full recovery?
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Factors that may impact the compensation You can claim for Pain and Suffering
The value of pain and suffering in your accident claim may depend on several critical factors.
Who caused Your accident?
The value of your personal injury claim, including compensation for pain and suffering, may depend on who caused your slip-and-fall accident. Most property owners, for example, will carry premises liability insurance. Business owners may need to meet specific requirements in order to keep their business operational. Property owners may have to carry insurance in order to keep their mortgage.
Other entities, including vendors operating on a specific property, might not carry insurance. When an external party bears liability for a slip-and-fall accident, you may have a harder time pursuing compensation, especially if that vendor does not carry insurance.
What limits does the insurance policy have?
Most insurance policies have clear limits regarding how much coverage they will offer. Unlike auto insurance, most property insurance policies do not have to meet a specific minimum–but the policy probably does lay out the maximum compensation the insurance company will pay out in the event of an accident, including a slip and fall. If your attorney cannot identify exceptions to the policy, those limits will determine the maximum compensation you can recover through the insurance company.
Did more than one party contribute to Your Slip-and-Fall Accident?
Sometimes, you may have grounds to sue more than one party for your slip-and-fall accident injuries. If you can seek compensation from more than one person, it may increase the money you can recover in compensation for pain and suffering related to your injuries, since you may have two insurance policies that both provide coverage.
How did the Accident and Your injuries impact You personally?
Your lawyer will walk you through how your slip-and-fall accident injuries impacted your life. While physical pain associated with your injuries certainly makes up a large part of your pain and suffering, it isn’t the only thing that your lawyer will take into account. Emotional anguish may also make up a large part of the suffering you face after your accident.
Did your injuries prevent you from engaging in activities you enjoy? Have they permanently changed the course of your life? What limitations have they imposed on you, and how have those limitations impacted you–including the way they will impact you long after the accident?
Physical injuries may also have an extreme emotional impact. Some people find that their injuries cause an immense loss of enjoyment of life, or that they have trouble with the loss of independence they face after their accident. Others may struggle with anxiety following a slip-and-fall accident, especially if the accident occurred in a place that should have offered greater protection to them.
An Attorney can help You
At Pacific West Injury Law, we can help you understand the compensation you deserve for the pain and suffering you sustained after your slip-and-fall accident. Contact us today to learn more about your right to compensation.