Personal Injury Cases in Cheyenne: How Pain and Suffering Damages are Calculated
Have you been hurt in an accident that resulted in personal injury, and somebody else is to blame for it? If so, you may be eligible for compensation that covers your injuries and losses. In personal injury cases, pain and suffering are noteworthy kinds of damage. Unfortunately, it is also frequently misunderstood.
Before you decide to accept a settlement offer from an insurance company, you must understand how damages are calculated, when you can recover pain and suffering damages, and the information you need to determine your claim’s value. An experienced Cheyenne personal injury attorney can help you with all these, reducing the burden you have to carry.
Assessing Damages in Your Personal Injury Case
The personal injury law in Wyoming recognizes a range of damages. Some damages are economic in nature, which means they have a clear dollar value. They include medical expenses, lost wages, and property damage. In general, you can show a specific dollar value for economic damages using receipts, bills, and other pieces of evidence.
However, some damages are not easy to calculate. These include emotional distress, mental anguish, and loss of life enjoyment. These are pain and suffering or non-economic damages, which are very real. Indeed, such damages may present a big part of your injury damages.
How Damages for Pain and Suffering Work
In a personal injury case, victims need to prove their losses occurred due to the negligence of the defendant. Should their claim succeed, a jury or judge will reasonably value the damages of the victim. Although the court does not have an economic basis to value the cost of pain and suffering, they focus on restoring the normal life of the victim.
But the majority of personal injury claims do not end up in court because they get settled during negotiations. But pain and suffering can also be a part of settlement negotiations. A personal injury attorney will ensure that the victim they are representing makes the most out of their claim.
How an Attorney Determines Pain and Suffering
While insurance companies use formulas to calculate pain and suffering in personal injury claims, it’s not guaranteed. Insurers tend to undervalue pain and suffering damages. So, an attorney must closely scrutinize settlement offers to determine if pain and suffering are calculated accurately. They will review the evidence presented and consult with experts to evaluate the pain and suffering damages a victim deserves.