How is pain and suffering calculated in a car accident claim?
Some insurers and personal injury attorneys use a daily rate to calculate the pain and suffering aspect of an injury claim. Under a daily rate or "per diem" calculation, an amount of money is assigned to each day (or week) that you continue to suffer from the effects of your car accident.
Can a car accident case go to trial for pain and suffering?
the kinds of evidence that often support a claim for pain and suffering. Since most car accident cases settle before trial (with many reaching resolution via the insurance claim process, without a lawsuit ever being filed), we'll be discussing pain and suffering in the context of a car insurance claim.
What is pain and suffering in a personal injury case?
Generally speaking, there are two types of pain and suffering that accompany a claim for bodily injury. The first is for physical pain and suffering, and the second is for the mental anguish that accompanies a physical injury. The law characterizes both as components of "general damages." You cannot see pain in a person.