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How to calculate the value of an injury claim with pain and suffering Blog
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How to calculate the value of an injury claim with pain and suffering

In law of state in Ohio, car accidents' liability is determined by who is at-fault with full cooperation with the police. The at-fault part ought to compensate the other driver who is the victim as he might suffer from injuries and damages that was caused by the at-fault driver's negligence. Specifically, the compensation pay is given as to cover medical bills for the injured person, property damage such as cars, and whole financial damaged incurred by the accident. In some states such as Ohio, you can also file a complaint or claim for being mentally or physically damaged, financial damage aside.

Though, unlike property and medical bills which can be easily calculated as it has reckoned value and receipts, suffering and pain ins't alike with it as it is subjective and people have different pain tolerance, only them can only describe what pain they are experiencing following the accident. Compensation pay in pain and suffering is far more unstable but most of the time it is high as insurers can't low ball it since it is the victim's opinion. 

How Pain and Suffering is defined

In legal field, pain and suffering has no definite meaning as it is subjective but it is definitely understandable that it pertains to any form of pain physically, mentally, and emotionally. But it some of these are some depiction how pain is:

  • Injuries in any part of the body
  • Crying, anguish and sadness
  • Losing focus or blanking out suddenly
  • Broken bones
  • Lack of sleep

Though, mental and emotional pain is not recoverable by any worth of money, it can be used to be utilize as a tool for recuperation such as going to a therapist or spending it over activities that may help to reduce stress and trauma. By filing a claim, you are expected to recover from physical damage such as:

  • Aches and pain around body

  • Complications that may lead to disabilities that could affect quality of life 

  • Amputations that may cut off ability to produce money or make living 

As what mentioned above, injury claim for suffering and pain is subjective, it is hard to to calculate as it doesn't produce receipts and bills but professionals and attorneys in Ohio have different methods on calculating and determining on the value of your claim, some of them are:

  1. Multiplier Model 

This is the most common method where the Ohio attorneys used the most because of its simplicity. The method goes by, the total amount of economical value and number ranging from one to five that serves as the said multiplier. There are factors to be judge in determining which multiplier to use such as: 

  • extent of victim's injuries
  • expected recovery duration
  • who is the at-fault party and severity of his involvement
  • how would these injury impact your living in the next few years
  • agreeing on settlements 
  1. The Daily Rate Method

The daily dollar or daily rate method is self explanatory, but the method of reckoning how much the charge against the insurers is where the hard part at and how would you and your lawyer justify it if the insurer is against it. Specifically, the process of daily dollar method is you get a specific amount where both of side arrived and agreed at on daily basis, the extent of this is the number of days wherein you have suffered from pain and injuries caused by the recent accident. 

Most attorneys find it hard to defend such compensation pay method, but if they insist on doing so, the best measure or basis for your payment would be the victim's supposedly money that he'd make daily, in that way, it is plausible and agreeable on both sides. 

  1. Recovery Limits on Non-Economic Damages

In Ohio, there is another method for calculating pain and suffering wherein the victim has to demand the highest payable amount in accordance and referring to law as Ohio listed pain and suffering as non-economic damage and as a result it has max payable amount cap. In Ohio's law, the maximum amount payable for pain and suffering is $260,000 or an equivalent amount of the economic damage done to you multiplied by three, though the money cap is not applicable if the damages is beyond repair with medical assistance that may result in permanent disability that could affect their lifestyle or ability to make living. 

Ryan LLP

Ryan LLP is an Ohio based injury attorneys that represents victims of personal injury caused by road and workspace accidents, medical malpractice, and wrongful death. They have 40 years of experience which made them won all their cases in the present times. Call our office now for free legal consultation if you are involved recently in a road accident as a victim and want to file an injury claim against negligent driver. 

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