There are several ways insurance companies calculate pain and suffering after a slip-and-fall accident. Ultimately, the victim should decide what the pain experienced with an injury is worth. Victims should also dictate what their emotional trauma through recovery should earn.
The Factors that Determine the Size of Slip-And-Fall Settlement Check
“Pain and Suffering” is the legal term for the non-economic damages a personal injury accident victim suffers after an injury. It covers the pain victims have to endure at the moment of the accident and the pain through recovery, or over a lifetime.
Pain and suffering also cover the intense emotional stress that a serious injury and a difficult recovery cause.
If a home improvement store’s negligence caused your fall and injury, it should be responsible for compensating you for the discomfort and agony you must deal with.
A hip fracture or a broken kneecap can leave you with intense soreness, arthritis, and the inability to get around on your own. This change in lifestyle can also cause mental strain.
There are some factors that weigh heavily into how much you could receive for pain and suffering damages:
- How long your pain affects your life
- The level of pain you endure
- The cost of pain medication and pain management therapy
- How long you must deal with emotional hardships
- How long you are unable to participate in family activities and your favorite hobbies
- The overall loss of enjoyment of life a serious injury can cause
- The cost of mental health care
How Is My Pain and Suffering Calculated in a Home Depot Slip-And-Fall Case?
There are a few ways your pain and suffering levels can be added up and valued. You should have the last word on what you’ve been through and doctors can help you determine what you’ll have to overcome in the years ahead.
The multiplier method totals all of your economic damages and then multiplies it by an agreed-upon number that signifies the level of pain and mental anguish you’ve endured. The multiplier might be anywhere from 1.5 to 5, with 5 perhaps representing someone who will have to endure lifelong pain with a severe injury. Economic damages of, for example, $10,000 multiplied by a lower trauma factor of 1.5, coming out to $15,000. The victim would receive $10,000 to pay financial damages and $25,000 for pain and suffering. Cases involving chronic pain and long-term emotional stress can earn much more.
The daily rate method allows you and insurance adjusters to reach an agreed-upon value for a single day of the pain and suffering you must cope with. Then that number is multiplied by the number of days it takes you to reach a point of no pain or emotional symptoms. The total financial damages and the total pain and suffering would be added together to determine the size of a settlement check.
A personal injury lawyer demands the maximum in pain and suffering benefits for you and your family. Your lawyer begins by fully investigating your accident and Home Depot’s fault in the matter. This evidence makes sure Home Depot can’t find a way to blame you or wiggle out of liability in other ways.
Your attorney would then work with doctors and mental health specialists to determine the support you may need to live with pain and emotional stress in the future. Your attorney then makes sure any settlement offer figures in these critical hardships. If a settlement doesn’t offer the proper support, your attorney rejects the offer and demands more.
Contact a California Slip-And-Fall Accident Attorney
If you only suffer some minor bruising and soreness after a fall at a Home Depot, you might not need a lawyer’s help. But if you endure a more serious injury, it’s a good idea to go over your options with a California Home Depot slip-and-fall accident lawyer.
A lawyer can often secure much more for you in a settlement claim than you could earn by handling the case yourself. A Maison Law attorney also forces Home Depot to provide support for your non-economic damages that are just as important.
Contact Maison Law for a free, no-obligation consultation. If you feel we can help you earn more for your case, you don’t need to worry about finding the money to hire a lawyer. We don’t get paid unless we score a case victory for you. Then our fee comes out of the settlement Home Depot must provide to you.
