Car accidents cause far more than physical injuries, which heal in time. They cause physical pain and suffering, not to mention emotional trauma that can last long after the wounds have healed. The good news is that in many cases, you have just as much right to pursue compensation for the pain and suffering you have endured as for the physical injuries you sustained.
While it is easy to understand how compensation for medical expenses and lost wages is calculated, pain and suffering compensation is harder to understand. There are two main ways insurance adjusters and car accident attorneys calculate them.
In this blog, we will explore both methods, so you can understand the compensation you may be able to receive for everything you have been through.
Defining Pain and Suffering in Car Accident Cases
Pain and suffering can be tough to define, and no two car accident victims’ experiences are the same. However, this type of compensation can usually be broken down into two categories after a car accident.
Physical pain and suffering
Physical “pain and suffering” refers to the pain directly caused by the bodily injuries you sustained in the accident and the resulting medical procedures. This could include surgeries, physical therapy, and other painful treatments that you would never have undergone had you not been injured by the other driver.
Mental anguish
Mental pain and suffering include the negative mental health consequences of your injuries. This varies from person to person, but may include anxiety, stress, depression, posttraumatic stress disorder, and other psychological conditions.
Additionally, pain and suffering can also involve other losses that affect your daily life and happiness, such as:
- Being unable to do the job you did before your accident
- Loss of consortium – inability to enjoy a normal marital relationship
- Suffering resulting from scarring or disfigurement
- Being unable to provide the same level of support to your family
Some of these forms of suffering are temporary. In catastrophic car accidents, though, both the physical and emotional impact can last a lifetime. It is important that the severity of your condition is reflected in your compensation, and a car accident attorney will fight hard to give you the best chance of receiving what you deserve.
How compensation is categorized
In car accident cases, compensation is broken down into two parts. Economic compensation covers your financial losses, such as medical bills, lost wages, and property damage. The total is calculated by adding up all your financial costs and projecting for future losses, if your injuries are life-changing.
Pain and suffering compensation falls under non-economic damages, which cover all the intangible losses you sustained that are equally real but more difficult to put a dollar figure on. This type of compensation requires one of two approaches to calculate.
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The Two Main Methods for Calculating Pain and Suffering Compensation
After any car accident, it is the insurance adjuster’s job to analyze the severity of your condition. The adjuster will do this by reviewing the medical treatment you received after your accident and the prognosis for your future health.
The link between injury severity and settlements
The insurance company usually works on the basis that more serious injuries result in more pain and suffering than injuries that do not require significant treatment. So, the more severe your injury is and the longer it takes to recover, the more likely you are to receive a higher payout for pain and suffering.
Do not rely on the insurance company
However, a word of warning. Insurance adjusters are not interested in giving you a fair settlement for the suffering you have endured. They are interested in paying out as little as possible – preferably nothing – in every case. This is why you need an experienced car accident lawyer on your side, fighting aggressively for a fair settlement for your injuries.
Per diem method: Calculating compensation for less serious injuries
Let’s start with the per diem method, which means “per day” when translated from Latin. This method works by assigning a daily dollar amount for pain and suffering to every day you were deemed to have suffered pain as a result of your accident. So, if you took 180 days to recover, and the per diem amount was $10, you would be entitled to $1,800 in compensation.
Even a quick glance shows there are some serious limitations to this method. First, it’s very difficult to assign a dollar amount to a person’s suffering. Second, while it is easy to say when the pain started, it is also tough to say when it ended, especially if you are dealing with psychological symptoms.
However, there is a better and more accepted way that is used in the majority of cases.
Multiplier method: A fairer way to calculate pain and suffering compensation
The multiplier method involves adding up all of your medical bills, lost wages, and other economic losses. Then, your car accident attorney will multiply the total by a figure between 1.5 and 5. The less severe injuries, presumed to cause less suffering, will result in a lower figure. Catastrophic injuries that cause permanent disability would merit a higher figure.
Let’s imagine that you suffered a painful but recoverable injury in a car accident. Your total economic losses stand at $20,000, and the multiplier used is 1.5, reflecting that your injuries were relatively minor. Your total compensation would be $50,000 – $20,000 economic compensation plus $30,000 pain and suffering compensation.
Car Accident Attorney’s Role in Calculating Pain and Suffering Damages
Car accident attorneys understand that the true impact of an injury may not be indicated only by its severity. For example, a broken ankle may keep an office worker away from work for a few weeks, but the same injury may devastate the future earning potential of a professional football player.
Car accident lawyers care about the variables that make your case unique. Insurance adjusters do not.
When you hire an experienced, aggressive car accident lawyer to represent you, he or she will:
- Dig deep into the circumstances of your accident to build a strong case for liability
- Consider all your economic losses, including future ones
- Calculate a fair settlement that reflects the pain and suffering you have endured
- Fight with insurance adjusters by means of settlement negotiations and in court, as needed, to give you the best chance of securing fair compensation
Now that you know why it is essential to seek representation from an experienced car accident lawyer, you just need to find an attorney who can make sure your story is told right.
Let Andrew Pickett Law Fight for Your Pain and Suffering Compensation
The pain and suffering caused by car accidents extend far beyond the day of the crash and can impact every aspect of your life. At this vulnerable time in your life, you need a trusted advocate who will fight hard for your rights while you focus on healing physically and emotionally from your auto accident ordeal.
The car accident attorneys at Andrew Pickett Law have the experience you need, and our compassionate approach puts car accident victims at ease. More than 300 5-star Google reviews don’t lie. Our clients love us because they know we care about their best interests and fight aggressively to seek maximum compensation in every case.
We care about your pain and suffering, and we want to pursue justice for everything you have endured. Call us or contact us online to schedule a free case evaluation today.
Need free legal help in Florida?
We specialize in personal injury claims.
