There are two aspects related to” pain and suffering” after surgery. One is that the psychological which is due to the aches and discomforts. Dependency causes even dullness. The other one is that the money portion for the injury. The emotional pain is induced to the individual who got the injury because of the negligence of the third party. This disorder is caused by ache. It may be temporary or long lasting. Advice on how to claim for this is best received from a medical negligence solicitor.
The method to calculate the payment is by considering all the hospital bills, lost salary, out of pocket expenditure, after surgery follow-up bills, property destruction. These real costs are “specials”. It falls under different division that is “general damages”. Summing up all the bills will be a straight forward way of calculating the payment. They are of 2 divisions. One is current pain, it lasts for some time from the time of injury then medical procedures and the ache ends once it is cured. We know the time. The other one is current and future problems.
From the time of injury, then therapy into the future. For payment, first you should know which type you belong to, so ask your medical negligence solicitor for advice. If it is first one the cost will be lower. If it is second one the demand will be higher. But in both the cases you should explain clearly the proceedings to the” insurance adjuster”. Your demand must be realistic and give proof for the expenditure. For the payment, he will tend to add a small top up above the “specials” owing for pain. By persistent discussions, the pain cost can be raised.
Pain amount can be calculated in many methods so that it will be favourable for the claimant. Total cost of “specials” multiplied by one to five times will be claimed. In serious injury cases, five to six times more will be asked. The “multiple” can be increased or decreased depending on the severity, duration of therapy, future disabilities. For broken bones disability three to five times the demand will be raised. For fixed injuries like brain damage, scarring five times or grater can be claimed.
The main thing here is to convince him to raise the claim amount. First claim letter must be given then negotiations will start. To raise the claim amount, we should have some solid reason such as you went into dullness because of injury, you are not able to mingle with your family. You should give proof for all the reasons and explanation in writing. How much you are not able to mingle with your family? If you are unable to sleep, then prove this statement by submitting the prescription of sleeping pills bills.
Prepare yourself well to explain the physical and psychological pain you have undergone to enable your medical negligence solicitor to get you a higher claim amount. You must be realistic in calculating to get a good deal. Wrong facts and unrealistic facts will damage your credibility. They are non-monetary damages which must be taken into consideration, while doing payments.