How Do Insurers Calculate Pain and Suffering in Oregon Injury Claims?

Posted on behalf of RizkLaw on Oct 14, 2019 in Personal Injury

Victims of car crashes or other types of accidents may suffer various damages, from medical bills and lost wages to physical pain and emotional suffering. Determining the value of economic damages like medical bills and lost wages is very straight forward. However, how do insurers and attorneys determine the value of your pain and suffering?

Our experienced Portland personal injury attorneys at Rizk Law can discuss this issue in detail during a free consultation. This free claim review does not obligate you to hire us.

Resources For Calculating Pain and Suffering in Oregon Personal Injury Claims

What Is Pain and Suffering?

Pain and suffering refer to the physical pain and emotional distress sustained in an accident:

Physical injury to the body
Emotional distress
Mental anguish
Depression

Anxiety
Insomnia
Scarring or disfigurement
Embarrassment

Methods Insurers Use to Evaluate Pain and Suffering

Insurance companies may use a variety of methods to value your pain and suffering, including:

The multiplier method – The insurance adjuster multiplies your economic damages, like your lost wages and medical bills, by a variable, such as 1.5 or three.
Per diem method – This method provides a daily rate for pain and suffering damages and multiplies this rate by the number of days the victim was recovering.
Computerized software – Many insurance companies use software programs with specialized calculators to determine the value of a claim. They may consider factors such as the location of the accident, previous court awards, and previous settlement amounts.

What Can a Lawyer do to try to Maximize Your Compensation?

If you have a case and hire an experienced lawyer, he or she can take several steps to attempt to maximize the amount of compensation you receive for pain and suffering. This may include investigating the accident, gathering documentation that supports your claim and negotiating with the insurance company for fair compensation.

Your attorney can also prepare a demand package, which includes a written letter and supporting documentation that requests a certain amount of compensation for your injuries based on the details of your accident.

An experienced lawyer may emphasize certain things in your demand package:

The severity of your injuries – Your lawyer can document the injuries that you have sustained, summarize them and emphasize their severity. He or she can provide medical documentation that establishes these injuries and discuss the impact these injuries have had on your life.
Permanent or partial disability – If your injury caused you to become disabled or caused permanent disfigurement, your lawyer can emphasize this information to demonstrate the long-lasting impact the accident will have on your life.

Does Oregon Have Caps on Pain and Suffering?

As Rizk Law previously reported, Oregon lawmakers recently attempted to pass a bill that would cap non-economic damages at $500,000 per personal injury victim. Many states have passed similar laws. However, Oregon lawmakers were one vote shy of passing this bill.

Currently, there is not a cap on pain and suffering damages. However, lawmakers could revisit this bill in the future.

Contact Rizk Law for Help with Your Pain and Suffering Claim

If you were injured due to the negligent acts of another person or entity, it is important that you have a strong legal advocate on your side who can fight for your maximum compensation. The personal injury team at Rizk Law can investigate your claim, determine all liable parties and negotiate with the insurance company for your just compensation.

We charge no upfront fees and work on a contingency fee, so there is no risk in contacting us to find out about your rights and the potential value of your claim. Schedule your free case review today.

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Car v. Pedestrian Crash

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FACTS: Commercial motorist strikes pedestrian on Oregon roadway. No witnesses. Litigated case.

INJURIES: 1. Brain injury; 2. Broken bones. Other details are confidential.

$900,000
Truck Accident

Car T-Boned by Commercial Delivery Truck

FACTS: Client t-boned by a commercial delivery truck. Delivery driver cited for distracted driving and careless driving. Client left pinned in her car with obvious compound arm fractures.

INJURIES: Compound left arm fracture, chest pain, neck sprain, back sprain, and shoulder and knee injuries.

$695,000
Car Accident

PDX Rent-a-Car Head Injury

FACTS: PDX shuttle driver struck by SUV while walking across airport parking lot. Strikes head on pavement. Loses consciousness. No witnesses. Insurer resists claim suggesting client at fault and claims brain injury is due to pot smoking. Wife also files claim for loss of affection. Litigated case.

INJURIES: Concussion, contusions, loss of intimacy.

$625,000
Car Accident

Drunk Driver Collides Head On with Postal Worker

FACTS: Client, an off-duty postal worker, drove home after completing a 12 hour shift on December 26. Two bars overserved the defendant driver leaving her to drive home 3 times above the legal alcohol limit. Defendant driver traveled on a rural road without headlights on when she collided head on into postal worker.

INJURIES: Client suffered PTSD, including frequent nightmares and fractures to right arm, leading to several shoulder surgeries.

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Car Accident

SUV Driver Hit by Full-Size Pick-Up Truck on US-30 Outside Astoria, Oregon.

FACTS: SUV driver hit by oncoming full-size pick-up truck on US-30 outside Astoria, Oregon. Litigated case.

INJURIES: Fractured T3-T9 rib fractures requiring surgical repair with plates; transverse process L1-L5 fractured; pulmonary contusion, bruise on the left; simple pneumothorax resulting in pneumonia; seat belt abrasions on neck and around hips. Left hand lacerations. Middle finger cut. Arm and leg bruises.

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