June 15, 2022 Posted In Personal Injury
After a personal injury accident, victims are entitled to damages for their physical injury but also any emotional harm they suffered. However, calculating emotional damages can be complicated since they are personal losses rather than financial.
Your accident attorney in San Bernardino, an insurance company, or a jury will often use one of the following two methods to calculate emotional damages:
This method is the more commonly used of the two. First, the economic damages are totaled—past and future medical bills, past and future lost wages, diminished earning capacity, and property damage. That amount is then multiplied by a number typically between 1.5 and 5. The more severe your injury, the higher the multiplier.
This method assigns a dollar amount to each day the victim suffers from their injury up until they recover. Frequently, the amount used is the person’s daily wages.
Insurers and juries are not required by law to calculate emotional damages in these ways. Occasionally, an insurance company will use a software program’s sophisticated algorithm to come up with a settlement offer that includes emotional harm.
A variety of factors will also be taken into account when calculating emotional damages, including the severity of your symptoms and the type. For example:
The more severe your symptoms and their impact on your daily life, the higher your award for emotional damages will typically be.
Calculating emotional damages is difficult, but proving them can be even harder. The reason is there is rarely extensive documentation to establish financial losses related to emotional distress that require reimbursement. However, taking these steps will be critical to proving your case:
Working with a skilled San Bernardino Personal Injury Attorney will significantly increase your chances of bringing a successful claim. They have the resources necessary to gather the evidence you need and help you build a solid case.