After a serious car accident, you probably want to get your car repairs and medical bills covered. The other driver is likely liable for your losses if they caused the crash. However, pain and suffering is another important loss that you could be compensated for after a severe crash. Pain and suffering aren’t as easy to calculate as medical bills, but a car accident attorney may help estimate this loss and hold the liable driver accountable.
What Is Pain And Suffering In A Car Accident Claim?
Pain and suffering in a car accident case refers to the physical and emotional pain that you sustain in the crash. Pain and suffering is a type of non-economic damages because they are things that do not have a precise value. Unlike medical bills or lost earnings, you cannot review receipts and paystubs to determine the damages.
Because pain and suffering are subjective, your car accident lawyer has more leeway when negotiating with the insurance company. In many serious accident cases, the injured victim can receive considerable compensation for pain and suffering.
The two major types of pain and suffering in a car accident claim are as follows.
Physical Pain And Suffering
When another driver hits you in a severe accident, you will probably have a lot of discomfort from your injuries and resulting medical treatments. Physical pain can last a few days, weeks, months, or even years for the worst injuries. Unfortunately, some car accident injuries, such as brain or spine injuries, are permanent and can cause pain for life.
Physical pain that can qualify for compensation in a car accident lawsuit can be from these injuries and others:
- Broken bones
- Soft tissue injuries, such as sprains, strains, bruises, and inflammation
- Nerve damage in the extremities
- Internal organ damage
- Burns
- Neck and back injuries
- Vertigo
- Headaches
- Tinnitus
- Paralysis
Many severe auto accident injuries will cause more pain and suffering and will have a higher settlement value. For example, a serious spine injury can cause paralysis and tremendous pain and discomfort for life. Your attorney will demand the most pain and suffering compensation from the insurance company. They can use your doctors’ statements and evaluations about your condition and prognosis to prove the level of pain you experience.
Emotional Pain And Suffering
Being injured in a severe car accident usually causes not only physical pain. The mental and emotional toll can be devastating. Sometimes, the emotional pain and suffering can make it challenging to live a full life. Some of the emotional and mental symptoms you can deal with after a severe car accident and injury are:
- Depression
- Anxiety
- PTSD
- Mental trauma related to your injuries and limitations
- Difficult personal relationships
- Irritability
- Changes in personality
- Low self-esteem related to injuries and scarring
- Being unable to enjoy activities
For example, suppose you suffered serious burns in a car accident. You may have third-degree burns that cause tremendous pain, and the skin graft treatments are excruciating. You may have scarring and disfigurement that causes you mental and emotional harm, as well. A car accident attorney will take into account your mental and emotional suffering as they negotiate a fair settlement.
How Much Can You Get For Pain And Suffering?
You must have a detailed understanding of your injuries and other losses to say what you can receive for pain and suffering after a crash. Some car accidents may lead to a few thousand dollars in pain and discomfort, while a devastating accident can be worth millions in pain and suffering. Factors that will influence the amount of pain and suffering compensation include:
- The severity of the injuries: The more pain the injuries cause, the higher the case value.
- The amount of medical bills: High medical expenses lasting months or years usually involve more pain and suffering compensation.
- How long the injuries take to heal: A minor injury might heal in a month or two, while a severe injury can take years or be permanent.
- Your age and health: Someone with a longer potential lifespan can receive more pain and suffering compensation than someone in their 80s.
If your injuries are severe or permanent, you will probably get more money for pain, suffering, and other losses. Your settlement will be less if you have a minor back injury that heals after three weeks.
The bottom line is there is no way to know what you can receive ahead of time for pain and suffering compensation. Your personal injury attorney will review recent settlements in your area with similar injuries for a guide on what to expect. However, every accident claim differs; you can receive more or less than someone with a similar injury.
How Is Pain And Suffering Calculated?
If an auto accident causes you a permanent disability, money for pain and suffering can have a huge impact on you and your family. There are several ways that insurance companies usually value pain and suffering, but you can bet that they will try to pay you less than more. That is where an experienced car accident lawyer can make all the difference:
Per Diem Method
Per Diem means ‘daily rate’ in Latin. When per diem is used to determine pain and suffering compensation, it means determining a dollar amount for every day of suffering after the crash. The goal is to determine a daily rate for your discomfort based on what you would have earned if you weren’t injured. So, if you were in a crash with a broken femur and had to go to physical therapy, your attorney will determine a daily rate for your related pain and suffering.
If you make $200 each day and have 140 days of pain and suffering, you will multiply $200 by 140 to get $28,000. Your attorney will demand $28,000 for your pain and suffering, as well as the appropriate amount for your medical bills and lost earnings. The insurance company may value your pain differently, and your attorney will need to negotiate a compromise that both sides can live with.
Multiplier Method
Car accident attorneys and insurance companies also may use the multiplier method to determine pain and suffering. This method may be used if the daily compensation isn’t that high and the per diem method doesn’t provide enough. The multiplier method may calculate pain and suffering by looking at your full damages.
To determine the amount using the multiplier method, the attorney will add up your economic losses (medical bills and lost earnings) and multiply the total by 1.5 to five. The number depends on how severe the injuries are.
For example, a minor back injury with a one-month recovery might have a 1.5 multiplier. A severe injury with years of disability may have a 4.5 multiplier. An experienced car accident lawyer will collect your economic damage information and determine a fair multiplier for your personal injury settlement.
How Do You Prove Pain And Suffering?
An important duty of your attorney is to collect evidence to prove your pain and suffering. Proving painful physical injuries, such as burns or broken bones, can be done with video and photos. But it takes the skills of your auto accident attorney to prove long-term pain and mental suffering. So, proving pain and suffering in large amounts means more than taking pictures. Your attorney will collect vital evidence to show the insurance adjuster to ensure your pain and suffering are fully documented. These will likely include:
Your Medical Records And Bills
Proving your medical expenses and treatments with documentation will show the severity of the injury. Generally, a major injury, such as multiple broken bones or spine injuries, has a higher level of mental and physical pain. Your attorney will work with your medical team to document your medical bills to prove pain and suffering.
Proof Of Accident-Related Costs
Suppose you have a major spine injury and cannot do work around the house. You should receive compensation for these accident-related costs. You may need to hire people to take care of your home and yard and provide care to you. There also will be lost income from your job that you prove with paystubs or information about hourly earnings.
Diaries
Pain and suffering is subjective, so it helps to have a written or video diary about your pain and suffering from the accident. You should talk about how the injury affects your life, causes you mental and physical pain, and prevents you from doing things you enjoy.
Psychologist Statements
A psychologist or psychiatrist can be consulted to show how your injuries relate to your mental state since the accident. They can test you for serious mental health issues after the crash, such as PTSD, anxiety, insomnia, and depression.
Eyewitness Testimony
Your attorney may rely on statements from accident eyewitnesses to discuss the pain and suffering you endured during and after the accident. For example, statements from your close family about the changes in your life and behavior since the accident can help increase the pain and suffering compensation you receive.
Attorney Statements
Your car accident attorney may visit your home and see how your injuries affect your life. They also can take photos and videos of your daily life to show your pain and reduced mobility.
Doctor Statements
Your auto accident attorney will use written statements from your doctors to describe your injuries and how they cause you pain. They also can talk about the limitations your injuries cause and the mental anguish involved.
Beware Of Car Accident Claim Myths
You should always retain a car accident attorney after a serious crash caused by another person. If you don’t, you may not understand some of the most common auto accident claim myths that can lead to critical mistakes if you buy into them:
You Don’t Need A Lawyer
When another driver injures you and totals your car, you should have an attorney fighting for your rights. Suppose you break your leg in a car crash when the other driver T-bones you. You might call the other party’s insurance company and try to negotiate a settlement. The insurance adjuster will likely exploit your lack of knowledge about the settlement process.
You might settle for $10,000 when your injuries are worth much more. You also can settle for too little money when you need more medical treatments. This can lead you to pay out of pocket for injuries the other driver caused. A car accident lawyer knows what your claim is worth.
You Automatically Get Compensation
No, you don’t get compensation automatically after a crash. You must usually file a claim with evidence with the other driver’s insurance company. Much of the process is open to negotiation, and you have the best odds of a fair settlement by hiring an attorney to negotiate for you.
You Can Settle With The At-Fault Insurance Company Without A Personal Injury Lawyer
Yes, you can, but it is rarely in your best interests. You may settle for a fraction of your losses. Most car accident victims don’t know they are entitled to compensation for pain and suffering and lost earning capacity for a severe injury.
Trying to avoid the expense of a car accident lawyer can cost you a lot of money. Remember, the attorney is only paid if you are, and you don’t pay out of pocket for their legal services. The attorney receives a portion of your settlement when the case is over.
Talk To A Car Accident Attorney Now
Another driver ran a red light and T-boned your vehicle. A distracted driver failed to see traffic slowing and slammed into the back of your car. An aggressive driver ran you off the road.
No matter what caused your accident, what matters is that you’re seriously injured and out of work. Don’t try to take on the insurance company alone. You may be entitled to compensation for your medical expenses, pain and suffering, and lost earnings. A car accident attorney can review your case for free today. Contact an attorney in your community now for additional information.
