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The victim can file a claim for pain and suffering if they are afflicted by stress, grief, worry, insomnia, depression, or the loss of enjoyment of life or any other issue that may impact them in any aspect after the accident. However, as non-economic damages are subjective, it is hard to justify, prove, and calculate.
The pain multiplier approach: This method determines pain and suffering damages by multiplying actual economic damages like medical expenses by a set number (the multiplier). The multiplier is usually between 1.5 and 5, with a higher multiplier for more serious injuries.
This evidence can include medical records, testimonies from mental health professionals, and other evidence that can demonstrate the amount of mental pain and suffering endured by the injured person.
What to include in an injury demand letter The date of the accident. Name of the insured. Policy number, if available. What parties were involved in the accident. Events leading up to and causing the accident. Detailed information regarding economic damages, broken down by category. Explanation of non-economic damages.
I hereby make demand of $565,759.60 for my injuries, loss, pain and suffering which were in direct correlation with the accident your insured has caused. Please respond back to this demand letter no later than 30 days from the postmarked date. Thank you in advance for your time and consideration of the above claim.
Make sure that it has a full and complete description of how the collision occurred, an overview of the injuries you sustained and the medical treatment you received, as well as the pain and suffering you experienced and how that affected your daily life.