How Insurance Adjusters Value Pain and Suffering

  • Dan T. Matrafajlo
  • Tue Oct 2023
  • Car Accidents,
  • 0
Injured in an accident

Getting injured in an accident not only causes physical, but it can also have significant emotional and mental impact on all aspects of your life. While it may be relatively easier to determine the value of the physical injuries based on the medical bills, placing a value on the pain and suffering the accident-related injuries caused you may be more difficult.

Hiring a New Jersey accident attorney who specifically handles these types of cases and has a successful track record can help you get the full compensation you deserve for your injuries and pain and suffering.

What is Pain and Suffering

Pain and suffering is any physical or mental discomfort you experience as a result of an accident caused by the negligence or intentional wrongdoing of another party. There are basically two types of pain and suffering:

  • Physical pain and suffering: this type refers to either temporary or chronic pain in your body resulting from an injury. Examples include:
    • Neck pain
    • Back pain
    • Pain from broken or fractured bones
    • Headaches
    • Muscle pain
  • Mental pain and suffering: this type of pain results from injuries that cause mental distress. Examples include:
    • Cognitive changes resulting from brain injury
    • Psychological trauma
    • PTSD
    • Anxiety
    • Anger
    • Grief
    • Depression
    • Diminished quality of life

Calculating Pain and Suffering

Pain and suffering is a type of non-economic damage because it is not easy to put a dollar value on it. This is different from economic damages that can easily be calculated with bills, receipts, and invoices.

There is no hard and fast formula or rule for calculating pain and suffering. Although plaintiff’s attorneys are trained to use one of two methods for calculating pain and suffering (multiplier method and per diem method), insurance adjusters are under no obligation to use either method.

Most insurance companies use computer programs in calculating pain and suffering. These programs factor different variables such as the type of injury you have suffered and the type of treatment you sought for your injuries.

Proving Pain and Suffering

An experienced New Jersey accident attorney will take all reasonable steps to provide sufficient evidence to prove your pain and suffering. Some of the different types of evidence you and your attorney could use to prove pain and suffering include:

  • Medical records
  • Expert testimony
  • Relevant photographs and videos
  • Personal diary
  • Testimony of your loved ones who have witnessed the impact the injuries have had on your life

Call a New Jersey Accident Attorney

If you or someone you know has suffered any type of injury in an accident caused by the reckless or negligent actions of another party, an experienced New Jersey accident attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404 to schedule a free, complimentary consultation with our legal team today.

Dan T. Matrafajlo

Dan T. Matrafajlo

NJ State Bar: #031722003

Dan T. Matrafajlo, Esq., is the managing member and lead partner at Beninato and Matrafajlo, Attorneys at Law, LLC. Renowned for groundbreaking contributions to personal injury law, he has set legal precedents with influential Appellate decisions and garnered recognition in the New Jersey Law Journal. A consistent honoree on Super Lawyers' Rising Star list for the past five years, Matrafajlo's litigation prowess is widely acknowledged. He has won various awards like Super Lawyers, Thomson Reuters Association 2019, and Nominated into Super Lawyers as a Rising Star from 2012 until the Present.

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