How Is Pain and Suffering Calculated in a Car Accident Case?
Every year in the U.S., there are more than 5 million car accidents. Have you been in a car accident recently? If the answer is yes, then you might need a car accident lawyer.
Trying to figure out how pain and suffering are calculated can be challenging. It can also be confusing to know how this related to car accident law. Our knowledgeable attorneys are here to help.
Discover what the typical car accident settlement amounts are for personal injury. Our team of car accident attorneys has put together this guide for you.
Don't suffer in silence. Discover how a lawyer for a car accident can help you get the compensation you deserve.
Defining Pain and Suffering After a Car Accident
Pain and suffering is a category of damages that you may be entitled to after being injured in a car accident. Generally, this refers to the physical or emotional pain, distress, and discomfort caused as a result of an injury.
The purpose of awarding these types of damages is to put victims back into the position they were in before the accident occurred.
This means making sure you are adequately compensated for the time you spent in pain. It also helps to cover the medical bills and the emotional hardship you went through due to the accident. A car accident attorney will help you claim this.
Pain and suffering can include any of the following:
- Physical pain from an injury
- Emotional distress or trauma
- Loss of quality of life after being involved in a car accident
- Mental anguish or stress
- Loss of enjoyment in life
- Inability to perform activities that you used to do before the accident
- Financial losses due to medical bills and other expenses
How Are Pain and Suffering Calculated?
Calculating pain and suffering involves considering a variety of factors.
This includes the severity of your injury, how long you have had to suffer from the injury, any potential permanent disability or disfigurement, and any emotional distress or trauma resulting from the accident.
It also takes into account the impact that the injury has had on your life. This can include lost wages due to being unable to work or having to pay for medical bills related to the accident.
A car accident law firm will be able to help you calculate pain and suffering damages. They will use their experience and expertise to determine a fair amount that you should be awarded.
The goal of the lawyer in car accident claim is to make sure that any pain and suffering is adequately compensated for.
Below are the steps on how the pain and suffering are calculated.
Seek Medical Attention Following a Car Accident
If you have injuries like whiplash, concussions, or neck or back sprains, your symptoms may not show up immediately. These types of injuries are common in a t bone car accident.
Even if you feel fine, it's important to get medical help after an accident. If you don't, your injuries may not be taken seriously by your insurance company at a later date.
It is advisable to schedule an appointment with a doctor as soon as possible. They will evaluate you for any delayed symptoms or injuries if you didn't see a doctor right after the accident.
This documentation can be crucial if you plan on filing a personal injury lawsuit against the driver at fault.
Collect Evidence the Insurance Company Will Review
To support your personal injury claim, the insurance company will review your medical records.
Visiting a doctor for your injuries and taking time off from work or school to recover helps strengthen your claim. This also applies to wages lost from missing work due to the accident.
To assess the compensation for your pain and suffering, the insurance company will examine specific records about your case. Typical car accident settlement amounts vary case by case.
We recommended keeping all records, receipts, and documentation related to your accident in a secure place you can readily access. These documents can include:
- Photographs of your injuries
- Medical bills
- Employer documentation of time missed from work
- Ongoing medical records
- Prescription medication costs
- Receipts for over-the-counter medications or assistive medical devices
Calculating Pain and Suffering Using the Multiplier Method
It can be difficult to determine a monetary value for the physical pain that you have experienced.
To calculate this, insurance companies often use a method called the multiplier method. This involves adding up the amount of your actual damages and then multiplying that total by a number ranging from 1.5 to 5.
The multiplier number is chosen based on the severity of your pain and suffering.
If your injuries are serious enough to cause permanent disability, your pain and suffering damages will be calculated using a multiplier of around five. The degree of your injuries will determine the multiplier used. More severe injuries have a higher multiplier to determine the monetary value you could receive.
The Per Diem Method
The per diem method is a less commonly used approach by insurance companies. However, they may use this to calculate pain and suffering damages.
It involves assigning a monetary value to one day of damages, usually equivalent to a day's pay from work. They then multiply this by the number of days your injuries caused you to suffer.
Time Limits on Personal Injury Lawsuits
Filing for compensation for car accident injuries and losses has a time limit. It's important to be aware of this when filing a personal injury lawsuit.
Each state has its own statute of limitations for civil court cases. To avoid missing important deadlines and losing your right to seek compensation, it's wise to consult with a personal injury lawyer in your area.
Why You Need an Attorney
It is advisable to seek an experienced car accident lawyer. They will represent you in a lawsuit for pain and suffering after a car accident as it can be a complex process.
The lawyer will be able to assess your damages and provide a convincing argument for your pain and suffering to the insurance adjuster or jury. They can help you determine a value that is fair and just for your injuries. Additionally, they will help you to stay within the statute of limitations when filing for compensation.
Factors Affecting Calculations
A lawyer will help with determining pain and suffering damages. We've listed some of the factors below that may be taken into account by judges, juries, and insurance adjusters.
- Types of injuries sustained
- The severity of the pain
- Effect of the pain on the victims life
- How long the pain lasted
- Recovery time
- Location and nature of scarring or disfigurement
- Age of the victim at the time of injury
- Anticipated future problems
- Evidence from attorney
Proving Pain and Suffering
To support your car accident claim, it is necessary to provide your attorney with detailed documentation. Collect documents on mental and physical pain experienced by you in the weeks and months following the accident.
Your attorney will need all the evidence to prove your pain and suffering in court. This includes:
- Medical records detailing the type of injury
- The doctor's diagnosis and treatment plan
- Prescription records for medications used after the accident
- Financial statements outlining expenses incurred from medical bills, lost wages, and any other costs related to the accident
- Photographs of your injuries
- Testimony from witnesses who saw or experienced the accident
- Statements from family and friends detailing how the injury has affected you emotionally and mentally
Keep a Detailed Journal
It's useful to keep a personal journal or diary that describes the pain and suffering caused by your injuries. This will help an insurance adjuster, judge, or jury understand the impact of your injuries on your daily life.
Take notes on the level, and location of your pain and mental impact. Write down any relevant throughs and feelings on that day. Use it to record your journey as proof of your suffering after an accident.
Getting Started With Working With a Car Accident Law Firm
Finding the best car accident attorney that you feel comfortable with and trust is an important step in the process.
Make sure to ask questions such as how long they have been practicing law, what types of car accident cases they handle, and if they have handled similar cases to yours before.
The best car accident lawyer should offer a free consultation. This will help you get to know them better and can discuss your case in more detail.
Also, be sure to ask about their fees and payment plans so that you know what to expect when working with them. Having this information upfront will ensure that you get the best legal representation possible for your car accident claim.
Where to Find a Car Accident Lawyer Near Me
If you're looking for the best car accident lawyer near me, you have several options to start your search.
You can search online for local lawyers, or ask friends and family for referrals. Additionally, many car associations have referral services that can help you find the best lawyer to handle your case.
Need a Car Accident Lawyer?
When it comes to finding a car accident lawyer, you need someone who is experienced and knowledgeable in the field of law. Do your research before committing to legal representation.
If you are looking for exceptional service and guidance throughout your case, visit Daniels Law. Speak to their team of specialists regarding your car accident claim today.