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Emotional Trauma, Pain and Suffering: Fact or Fiction?

Interviewer: What about pain and suffering, mental trauma and related emotional issues? How does that factor in to an injury case?

Adam: The basis for the calculation for awarding anything or even getting an offer from a car accident is going to be based on the medical bills. Typically the insurance company will calculate a number depending on what the injuries are, and it would usually be a multiplier of whatever the medical costs were.

Insurance Companies Will Factor in Emotional Trauma Linked to Injuries When Calculating a settlement Offer

Interviewer: Do they consider the emotional component into the settlement offer?

Loss of Consortium Is When a Spouse Is Unable to Fulfill the Obligations to Family Members

Adam: It is factored in with the pain and suffering, the same thing with loss of consortium. That would all be calculated in the settlement and is traced back to the injuries.

Interviewer: What’s loss of consortium?

Adam:  Basically it would mean that you couldn’t fulfill your “spousal” duties, even if it’s simple things around the house. If someone was a stay-at-home mother, then she would not be able to do laundry or whatever, take care of her children.

Are You Temporarily or Permanently Disabled? Missing Long Periods of Work Is Also Factored into the Settlement Offer

Interviewer:  It’s just a loss of your ability to do the normal things that you do in your life?

Adam: Right. And then if you miss work, that’s obviously calculated in there also, how much was lost, how many sick days were taken, or if the injured party lost their job.

Ohio Criminal Defense Attorney Adam Hunt
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