Pain And Suffering Settlements Car Accident – The amount for pain and suffering caused by a car accident is calculated by multiplying the sum of all economic damages, such as medical bills, by a number ranging from 1.5 to 5, depending on the severity of the injury. Pain and suffering can also be calculated using a per diem agreed upon by the insurance company.
Although the method of calculating compensation for pain and suffering in a car accident seems simple, most accident victims are not familiar with terms such as “money damages” or the actual definition of pain and suffering. Without prior knowledge of these terms, many car accident victims receive less compensation than they deserve.
Pain And Suffering Settlements Car Accident
If you have been injured in a car accident or through no fault of your own, don’t let the insurance company deny your right to fair compensation. Debilitating pain and suffering is physical trauma and you deserve compensation. Learn what to expect from compensation for pain and suffering after a car accident and how an attorney you trust can help.
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Pain and suffering is an all-inclusive term that refers to the physical and emotional pain that car accident victims experience as a result of the collision and their injuries. After an accident, pain and suffering can take many forms, such as anxiety, depression, chronic headaches or back pain. In the most common cases, all forms of mental distress and physical pain are treated as pain and suffering.
In car accident cases, pain and suffering are considered non-economic damages. Non-economic damages, also called general damages, are non-monetary losses that are not tied to a specific dollar amount. In comparison, economic damages are the costs that most victims pay, such as medical bills, physical therapy costs, and lost wages at a price.
Compensation for pain and suffering due to a car accident can vary from a few thousand dollars to more than $300,000 depending on the unique factors of each case. Average compensation for pain and suffering in a car accident varies depending on the severity of the accident. The more serious your car accident, the higher the compensation for pain and suffering.
The amount of pain and suffering experienced by a victim who suffers permanent damage to the spinal cord as a result of a car accident can far outweigh the compensation for a victim who suffers a minor broken arm. Victims of lifelong injuries can be considered more physically and mentally affected than victims of temporary injuries.
Best Ways To Document Pain And Suffering After A Car Accident
Not only the severity of your injuries will determine the average amount of compensation for pain and suffering in a car accident. The type of car accident can also affect your compensation amount. Traumatic accidents such as head-on collisions can cause victims to experience flashbacks or anxiety when entering a vehicle, leading to distress and overcompensation.
If you are wondering how much compensation you can receive for pain and suffering, it is worth comparing the current situation with some examples. Every individual injury is different depending on the individual details of the accident and while there is no guaranteed amount, comparing your situation to similar scenarios can help you understand how much compensation you should receive.
In a fictional accident, Linda is involved in a collision that breaks a bone in her left arm. He needed surgery to realign the broken bone and stabilize the part. His left arm was immobilized for six weeks, and doctors predicted he would make a full recovery in two years.
Due to her injuries, Linda experienced constant pain in her left side, which caused insomnia and depression. During treatment, she was unable to drive and was unable to play or pick up her one-year-old grandson. Linda included physical pain, emotional pain and loss of enjoyment of life in her accident claim and was awarded $10,000 for pain and suffering.
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Hypothetical Accident Victim John seriously injured his knee in a car accident that was not his fault. John tore several ligaments in his knee and was unable to stand or walk for months. John’s job required him to stand for long periods of time, so he was unable to return to work for nearly a year.
When John contacted a car accident attorney for a free consultation, he learned that he could sue the person who caused the accident for economic damages, such as lost wages and pain and suffering. In the accident claim, he claimed temporary disability and loss of union with his wife, the runner, and was awarded $25,000 for pain and suffering.
Pain and suffering are non-economic damages, meaning no dollar amount has been calculated. To fairly calculate pain and suffering, lawyers and insurance companies use one of two pain and suffering formulas.
One method of calculating the total amount of pain and suffering that should be included in a personal injury claim is the per diem method. “day’s wages” in Latin for one day. Using this formula, a certain amount of money is allocated every day, week or month. Reasonable day-to-day calculations can be difficult, so the help of a lawyer is useful.
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Lawyers can calculate the level of daily pain and suffering by determining the victim’s daily income. If a sufferer is unable to work due to emotional and physical pain, the amount lost each day can add to their suffering.
He suffered a broken bone in a car accident and had to wear a cast for six weeks, go to physical therapy for four weeks, and take painkillers for three weeks. The total duration of his pain and suffering was about 13 weeks. If the victim earns $150 per day, the lawyer increases that amount by the time he or she suffers.
The multiplier method is a very different way of quantifying pain and suffering than the food method. Instead of focusing on the duration of pain and suffering, the multiplier is based on the victim’s economic damage after the accident. Depending on the severity of the accident, the amount of all economic damages is multiplied by a number from 1.5 to 5.
To calculate total pain and suffering using the multiplier method, all economic damages must be calculated. Typically, these costs include medical expenses, lost wages, travel expenses to doctor visits, out-of-pocket costs for over-the-counter medications, and other incidental expenses. Once you have determined the initial total of all damages, contact an attorney to determine the multiplier.
Types Of Pain And Suffering Damages In A Lawsuit (emoji Infographic)
The multiplier awarded for your pain and suffering depends on the severity of the injuries you sustained as a result of the accident. A minor injury that requires minimal recovery time can get a multiplier of 1.5 or 2. In comparison, serious lifetime injuries can receive a multiplier of 5. A lawyer can help you determine what multiplier is sufficient in your case.
If you want to estimate the value of your case, try one of our settlement calculators.
Insurance companies often try to provide less compensation to accident victims. They are business people and prefer not to give money if they can avoid it. To maintain the value of compensation, companies often offer a low value for pain and suffering.
When the insurance adjuster makes the first settlement offer to you and the lawyer, it will be significantly less than the calculated amount. This is where negotiations for a settlement begin. During settlement negotiations, you and your attorney can present as much evidence as possible to explain why your pain and suffering is valued.
How Pain & Suffering Is Calculated In Car Accident Settlements
A doctor’s testimony or imaging tests can help explain why a soft tissue injury or fracture is so debilitating. Documented evidence from past and future medical bills can help determine the level of pain and suffering you are experiencing. Although insurance companies may not initially value pain and suffering as much as lawyers do, settlement negotiations can help.
It is difficult to capture on paper the level of physical and emotional pain experienced by the victim. While a medical certificate or doctor’s statement may not reflect how you feel, such documentation can help the insurance company provide you with accurate compensation for your pain and suffering.
When accident victims do not have expert advice from lawyers, they have a chance to significantly reduce debt. They may choose not to enter into settlement negotiations without an attorney and instead agree to a lower salary. In comparison, if you have a reliable team of personal injury lawyers on your side, you will be able to refuse unfair compensation offers.
A personal injury attorney is skilled at negotiating settlements with insurance companies and has extensive experience in conversations with insurance adjusters. They know what kind of documentation is needed to make a fair decision. They will do the hard work of tracking your expenses and evaluating your injuries.
California Car Accident Guide (2024)
If the insurance company does not provide adequate compensation, a lawyer can file a claim for compensation
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