Undervaluing Pain and Suffering

An accident can alter a victim’s life significantly. People who have sustained personal injuries may not be able to engage in the same activities they were able to perform prior to their accident. But most important, they will have to endure the pain that may take months or even years to heal. To get the compensation that you deserve, it is imperative that you contact an accident attorney to help you deal with the insurance company.

Program Design

Most insurance companies use a computer program called Colossus to determine the value of a personal injury claim. Colossus, as well as other similar programs, is designed mainly to benefit insurance companies. When determining the value of your case, this program takes into consideration factors unrelated to your injuries. Such factors include:

  • The number of cases your attorney has filed
  • The area where the injury took place
  • The type of doctor you have visited for your injuries
  • These factors are given points, which are translated into a dollar amount. After the points are totaled, a series of calculations are computed. Finally, the so-called value of your case is determined.

An accident attorney will need to work hard to prove to the insurance company that the case is undervalued because of the program’s major flaw of being unable to compute emotional pain and suffering.

Program Design Flaws

The biggest flaw in the Colossus program is the fact that it cannot calculate the value of non-physical factors related to injuries, such as emotional pain and suffering. Computer programs, unlike jurors, cannot feel empathy or compassion for the victim. Some major factors that Colossus does not consider in determining a value for personal injury claims include:

  • Loss of personal relationships
  • Loss of marital relations
  • Stress
  • Depression
  • Inability to sleep
  • Pain
  • Suffering

Since the program is unable to compute emotional suffering, it is the duty of your attorney to highlight your emotional suffering to the judge, jury, and insurance company.

Contact Us

Do not let insurance companies underestimate the value of your pain by using only a computer program to value your case. Call the Law Offices of David P. Kashani, APLC at (323) 782-9605 to speak to an experienced accident attorney today.