If a negligent truck driver causes an accident that leaves you injured in the Dallas/Fort Worth area, you are entitled to be compensated for your medical bills, lost wages, and pain and suffering. The amount you should receive for medical expenses and your lost earnings are based on actual expenses, so they are easier to calculate. However, it can be more challenging to determine a fair amount to pay you for the pain and suffering you endured due to your injuries.
What Is Pain and Suffering?
There are two types of pain and suffering damages you may be compensated for in your settlement. They include:
Physical pain and suffering
This is the physical pain you have experienced as a result of your injuries. It can include both past and future pain and the detrimental effects the accident has had on your life.
Emotional pain and suffering
Emotional pain and suffering refers to the mental pain you may experience as a result of the trauma of the truck accident and your injuries. Mental anguish, fear, emotional distress, anxiety, anger, and loss of enjoyment in life are included in this type of pain and suffering.
How Could the Insurance Company Calculate Your Pain and Suffering Damages?
There is no fixed rule on how the compensation you should receive for your pain and suffering is determined. The insurance company may use one of these methods:
- If the multiplier method is used, your medical expenses and lost wage damages are added together and multiplied by an amount between 1 and 5. The multiplier used will depend on the severity of your injuries.
- The per diem method approach takes a certain amount, for example $100, and multiplies it by the number of days from the date of your accident to the date of your maximum medical improvement (MMI), to arrive at your pain and suffering compensation. Your MMI is generally the point in your medical treatment where you have recovered as much as you will.
- Some insurance companies use a computer program to determine the amount of compensation to offer in settlement. These programs use a variety of factors, such as the type of injury and treatments needed, to calculate the value of your pain and suffering.
How to Know If You Are Receiving a Fair Settlement
The best way to know whether the amount you are receiving for your pain and suffering—and your medical expenses and lost wages—is what you are entitled to is to retain an experienced truck accident attorney to negotiate your settlement. You never want to accept a settlement offer without first consulting a lawyer.
We represent truck accident victims in the Dallas, Fort Worth, and Mid-Cities areas. We will aggressively fight for the compensation you deserve and are not afraid to take your case to trial if necessary. Contact us online or call our office directly at 817.380.4888 to schedule your free consultation today.