A car accident caused by a negligent driver can leave you with severe injuries whose treatment costs you thousands of dollars. You may suffer physical and emotional pain and suffering damage in a car accident.
Fortunately, you can pursue compensation for your pain and suffering in addition to economic damages like healthcare costs, lost income, and property damage.
However, pain and suffering are intangible and difficult to quantify, unlike economic damages. So, how are pain and suffering damages calculated?
Typically, insurers use the multiplier and the per diem methods to calculate pain and suffering in a car accident. It is challenging to place a monetary value on pain and suffering damages because this damage is intangible.
That is why this blog post will discuss everything about pain and suffering damages in a car accident.
So, how are pain and suffering damages calculated in a car accident claim? Read on to understand how these damages are calculated and how a personal injury lawyer can help you seek maximum compensation for you.
What Are Pain and Suffering Damages?
A bodily injury claim generally involves two forms of pain and suffering. One is the physical pain and suffering, and the other is the mental anguish brought on by a physical injury. The law considers both as elements of “general damages.”
Physical Pain and Suffering
When someone else’s negligence causes an accident, the injuries can be exceedingly severe and linger for days, weeks, months, or even years. The physical discomfort the person experiences might potentially be permanent.
The injuries that result from a car accident can be exceedingly severe and linger for days, months, or even years. The injuries may even be permanent, leaving you with constant pain.
Some physical injuries that may be eligible for pain and suffering damages include:
- Back pain
- Headaches
- Neck pain
- Traumatic brain injury
- Fractured bones
- Nerve damage
- Paralysis
- Dislocated joints
A person’s physical pain is invisible. A doctor may be able to see signs like limited range of motion or discomfort when touching a particular area of your body. However, these are usually only signs of pain.
Even if the pain is noticeable, determining the severity of the pain remains a challenge. After all, every individual is different, with varying pain thresholds.
Emotional Pain and Suffering
Emotional distress is the psychological pain or trauma resulting from an accident. The emotional pain may be severe enough to affect the victim permanently for the rest of their lives.
Emotional suffering includes:
- Post-traumatic stress disorder
- Anger
- Fear
- Grief
- Insomnia
- Diminished quality of life
Personal Injuries for Which You Can Claim Pain and Suffering
There are numerous car accident injuries for which victims can claim compensation for pain and suffering. These include:
- Whiplash
- Back injuries
- Spinal cord injuries
- Broken bones
- Traumatic brain injuries
- Disfigurement
Insurance companies often pay more to those who have undergone surgery or broken bones than those who only have soft tissue injuries.
Your chance of receiving a more significant payout increases with the time you receive medical care.
If you were taken to the hospital in an ambulance, you have a better chance of receiving higher compensation for pain and suffering. This is why it is typically one of the first questions made by insurers when you file a claim.
No Pain and Suffering in a No-Fault/PIP Claim
You cannot include “pain and suffering” damages in your no-fault auto insurance claim if you reside in a state that uses a no-fault auto insurance system.
The same applies if your injuries are below the legal minimum required to file a liability claim against the at-fault motorist in your state.
Similarly, the insurance provider will not compensate for your pain and suffering if you file a claim under your “personal injury protection” or “medical payments” auto insurance coverage following a collision.
Such claims cover only specific out-of-pocket expenses (such as medical costs, lost wages, etc.).
When Will I Receive My Settlement?
Most vehicle accident cases settle through the insurance claim process without trial; many accomplish this without filing a lawsuit.
An auto crash claim can settle in a matter of weeks, but if the injured person is still getting medical care and the actual range of the claim’s worth is unclear, it may take longer.
It is crucial to remember that haste is not beneficial when resolving a car accident case. This is especially true if your injuries are severe and you are unsure of your recovery timeline or how they may affect your life.
In fact, when it comes to the pain and suffering aspect of your damages, it is advisable to wait until you are sure of your losses before accepting a settlement offer.
Methods for Calculating Pain and Suffering
Then comes the answer to the question you have been asking: how are pain and suffering damages calculated?
There are two ways of calculating pain and suffering in personal injury cases. These are:
The multiplier method
One of the most popular methods for determining pain and suffering is to tally up the claimant’s medical expenses associated with their auto accident injuries and multiply those costs by a value between 1.5 and 4 or 5.
The multiplier’s value (again, which typically runs from 1.5 to 5) will depend on various factors specific to the case, such as:
- The severity of the injuries
- The chances of achieving a full and speedy recovery
- The effect of injuries on one’s day-to-day activities
- The clarity of fault for the vehicle accident
Let us look at how this may apply to a plaintiff who had injuries in a rear-end collision in which responsibility was obvious.
The victim suffered cuts, bruises, and a concussion, with medical expenses costing $4,000.
Given that the victim’s injuries were severe but not fatal and that they achieved full recovery within a few weeks, the claims adjuster opted to use a multiplier of 2.5. The adjuster then multiplies the $4,000 in medical expenses by 2.5 to reach a $10,000 pain and suffering amount.
The Per Diem Method
“Per diem” is a Latin word for “by the day.” This technique employs a daily pain and suffering calculation for various sorts of damages, as the name suggests.
The insurance adjuster assigns a specific sum for each day from the date of the accident until the patient achieves maximum medical improvement.
But it is difficult to determine an acceptable daily rate, so this approach may not help evaluate the pain and suffering brought on by long-term (or permanent) impairments.
What Type of Evidence Does the Insurance Company Review?
The insurance provider will examine a range of supporting evidence to assess the worth of your pain and suffering, including:
- Medical records and the limitations on your physical activity (which may affect your quality of life)
- Medical expenses
- Receipts proving your appointments with mental health professionals
- Prescription history, particularly for pain, anxiety, and depression drugs
- Photos of your injuries
- Confirmation from your employer of any time missed from work
- Any notes or diary you have kept regarding the accident or your injuries- As it gives you a chance to explain your own experience in your own words, this form of proof may be pretty important.
- Written testimonials from family members or close friends who have seen the effects of your injuries and vehicle accident, especially from a before-and-after perspective.
How Much Can I Get for Pain and Suffering?
Unless your case goes to court, your damages will generally be limited to the coverage limit of your insurance policy. Bodily injury (BI) and uninsured/underinsured motorist (UM) coverage are the most popular vehicle insurance.
Pain and suffering may be compensated under BI and UM, but only to the extent allowed under the policy limit.
How Split Limits Work
Bodily injury insurance typically has two policy limits or split limits. One figure reflects the maximum amount the insurance can pay for a single claim, regardless of the number of claimants involved.
The other figure reflects the highest the insurer will pay overall. If there were any injured passengers, this second number would be relevant.
You’ve likely encountered split limits before; they often take the form of 50/100 or $50,000/$100,000. However, there are certain exceptions to this rule.
For instance, if a major firm or another significant organization other than a private individual caused the accident, other insurance plans may come into play.
That often implies that a person cannot sue an insurer for a million dollars if their policy limit is only $50,000. But you could get more money for your pain and suffering if there are several liable persons or the defendant is a company.
If you suffered an injury in an accident outside your state of residence, you should research how the state determines pain and suffering. The compensation for pain and suffering is usually uncapped in most jurisdictions.
When to File a Pain and Suffering Lawsuit After a Car Accident
As mentioned earlier, most vehicle accident injury claims are settled through the insurance claim procedure. Even though it could take some time and seem like an uphill battle, the injured party and the insurance provider will often come to an amicable agreement.
You may file a lawsuit if you and the insurance provider disagree on a crucial issue (such as fault for the accident or the genuineness of your injuries). You may also file a lawsuit if the insurer is unwilling to issue a fair settlement offer that covers your pain and suffering.
By doing this, you will, at the very least, demonstrate to the claims adjuster that you are determined and are not about to give up without a fight. You might be amazed at how fast the insurance provider reconsiders their stance upon receipt of the court filing.
How Juries Decide Pain and Suffering Damages
To receive just compensation for your injuries, you must demonstrate your pain and suffering damages in court in a way that the jury can comprehend.
So then, how are pain and suffering damages calculated in court?
While jurors may easily calculate economic damages since those are figures reflected in verified medical bills and lost income, they frequently find it challenging to put a dollar value on pain and suffering.
Besides, not even the standard jury instruction guides jurors in determining a figure. Defense lawyers will use vague terms, ambiguity, and uncertainty to undermine your strong personal injury claim.
For this reason, be transparent about the full degree of your injuries and their effects on your life. Giving the jury a range of possible cash amounts might help them decide on the ultimate sum.
You will have a good chance of being fairly compensated for your loss if you present the jury with several witness testimonies that demonstrate the magnitude of your pain and suffering damages and include a range of dollar amounts for each.
Your lawyer can only use these examples to verify your injuries if you share them with him.
Should I Try to Handle My Pain and Suffering Claim without an Injury Attorney?
You must consult with an experienced lawyer before filing a personal injury claim.
Insurers may try to convince you that taking this action is unnecessary, and it can be intimidating to consider paying for legal representation while dealing with the aftermath of an injury.
Claimants almost always make mistakes while handling personal injury claims on their own, severely lowering the value of their case and whatever compensation they could have otherwise received.
Without the knowledge and experience of handling personal injury cases, you may make such mistakes as:
- Accidentally admitting fault
- Making recorded statements
- Sharing unnecessary medical records
- Failing to submit the required paperwork on time
You will also be unable to negotiate well if you try to obtain a settlement without a lawyer. You will likely agree to a settlement amount far less than you could have received with an attorney.
Insurance adjusters take advantage of people’s severe financial pressure and lowball their settlements. That is why it is crucial to have a lawyer who can help you calculate the value of your damages and guide you through the entire claims process.
Seek an Experienced Personal Injury Attorney Today
You may be eligible for compensation if you have suffered injuries in a car accident caused by another driver’s negligence. In a personal injury case, you can claim medical bills and lost not only income but also pain and suffering.
At Legal Giant, we can link you with the best personal injury attorney to help with your case. Our partner attorneys can help determine liability, calculate pain and suffering in your car accident case, and help you pursue maximum compensation.
Call us at (855) 740-5024 to discuss the details of your case today.
