How Do Insurance Companies Calculate Pain and Suffering?

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In the aftermath of a car accident, you may incur serious repair bills for your vehicle. Or in the aftermath of a slip and fall accident, you may be hit with expensive medical bills for your bodily injuries. But in personal injury accidents such as these, you may be equally suffering from non-economic damages, such as pain and suffering. This is why you must not forget to also incorporate such damages into your insurance claim. Read on to discover how an insurance company might calculate your pain and suffering and how a seasoned Ontario personal injury lawyer at Merricks Law Group, P.A. can lead you through the claims process.

By definition, what is considered to be pain and suffering?

First things first, pain and suffering is the physical and mental anguish that you may have to endure as a direct result of your personal injury accident.

For one, physical pain and suffering is the physical anguish you may feel when performing your daily activities. For example, the injuries you incurred may have led you to temporarily lose function in a certain body part or otherwise have left it permanently impaired. Evidently, this may create a great inconvenience when wanting to return to work or otherwise function independently.

On the other hand, mental pain and suffering is the mental anguish you may feel when having to live with your injuries. More specifically, you may feel embarrassed to be seen in public with the visible bodily impairments you were left with. This may subsequently lead to a diminished quality of life from what you once had.

How do insurance companies calculate pain and suffering in personal injury claims?

The short answer is, yes, it is possible to seek financial compensation for your pain and suffering via an insurance claim. However, it may be more difficult to attain than that for economic damages, as there is no exact dollar amount that can be pinpointed. And while there are no specific laws, let alone a specific formula, in place for how an insurance company is to calculate the damages incurred from your pain and suffering, your provider is likely to consider any or all of the following factors:

  • Your insurance provider may consider the extent of medical treatments that you have had to endure since your personal injury accident.
  • Your insurance provider may consider the length of time in which you expect to be suffering from your bodily injuries and property damages.
  • Your insurance provider may consider the proof you supply to demonstrate the severity of your pain and suffering (i.e., personal journal entries, statements from loved ones, notes from your mental health provider, etc).

All in all, to ensure you are fairly compensated by your insurance company, you must turn to a competent Ontario personal injury lawyer. So please get in touch with us at Merricks Law Group, P.A. as soon as you get a free chance.

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