Emotional or mental pain and suffering, unlike physical injuries, are more like intangible entities – they can wreck the victim’s present as well as future, and yet the defendant cannot perceive them. Besides requiring a lot of evidence and a skilled attorney who can build a strong case, the victim also has to contend with claim-related caps specified under Utah’s Code Section 78B-3-410 for noneconomic damages.
In many cases, noneconomic damages constitute a major part of the compensation claim, and therefore the victim must understand these before discussing his case. Our team of personal injury lawyers put together a few helpful facts for victims suing for pain and suffering in the Utah jurisdiction.
How Insurance Companies Calculate Pain and Suffering Damages
Insurance companies typically add up medical bills, loss of earnings, losses due to property damage, and multiply the total with a number between 1.5 (less severe cases) and 5 (most severe cases) to arrive at noneconomic damages.
To begin with, what these companies arrive at is a low number because damages from conditions like loss of enjoyment in life, sexual dysfunction, depression, insomnia, etc., are difficult to quantify, especially by a third party.
All insurance companies and defendants try to lowball the victims, making unreasonably low compensation offers to settle the case. So, all victims must work with an experienced and skilled personal injury attorney in Utah to improve their chances of winning their case.
How Skilled Attorneys Prove Noneconomic Damage
Proving noneconomic damage is tricky and tough. The attorney has to obtain testimonies from experts, friends, relatives, and colleagues, dig deep into the defendant’s conduct, analyze current medical reports, and generally investigate whether mental anguish was inflicted on the victim intentionally or unknowingly. Know that suing for pain and suffering or settling out-of-court is not an easy job and is best handled by an experienced personal injury attorney in Utah with a successful track record in settling such cases.
Time Taken to Resolve a Case Involving Noneconomic Damages Claim
Experienced attorneys carefully build cases and help victims save time and costs by settling them within a few weeks before the trial. If it goes to trial, the case can take at least 6 months to resolve if it is simple. Complex cases take longer, often stretching out for more than a year. However, most cases get resolved before trial.
The Claims Process
The process begins with the victim’s personal injury lawyer filing a compensation demand, which is also referred to as a demand. The defendant’s and the insurance company’s legal teams then respond, and then there is a bit of back and forth with depositions, negotiations, subpoenas, etc., thrown into the mix.
If the victim’s case is strong, it makes the lawyers from the opposite side hasten up the process and close up the case at the earliest possible. If the defendant’s lawyer feels the case is weak or the victim’s lawyer is inexperienced, he will not agree to settle – instead, he will try to arm-twist the victim. It all depends on your lawyer’s skill and experience, and the strength of your case.
Victims should realize that suing for pain and suffering involves going up against lawyers of deep-pocketed insurance companies, and so they must be sharp in selecting their lawyer.
Experienced and skilled personal injury attorneys like us offer a free initial consultation that helps victims become more informed litigants. We do too, and urge you to take full advantage of our offer.
FREE INITIAL CONSULTATION
Suing for pain and suffering is a tricky and complicated process. If you or a loved one is looking for an experienced and skilled attorney with a successful track record, we urge you to schedule a free meeting with our team of personal injury lawyers.
We are based in Salt Lake City, Utah, and can meet you in person or on a virtual platform.
What is even better is that our meeting is free, and places no obligation or pressure on you. During the meeting, you will learn about the strengths and weaknesses of your case and what needs to be done to ensure that it is iron-clad and super-strong.
By taking advantage of our free meeting, you have nothing to lose and everything to gain.
And, we are just a phone call or a click away.
