In just seconds, your life can change forever during a car accident. Even if your injuries are not life-threatening, you could suddenly face unexpected financial burdens or unseen pain and trauma. You deserve compensation for your suffering, but how are pain and suffering damages calculated? And what is considered pain and suffering in a car accident case?
No two car accidents are alike, and neither are the injuries that result from them. Some victims suffer only minor cuts and bruises, while others are left with life-altering injuries that require ongoing medical treatment and care. The pain and suffering that a victim experiences can vary greatly, depending on the severity of his or her injuries.
To calculate pain and suffering damages, the courts will look at the severity of your injuries, the length of your recovery, any ongoing pain or disability, and the emotional impact of the accident on your life. The deep emotional trauma that some victims face in the aftermath of an accident can be devastating. If you or a loved one has been involved in an accident, do not try to face the legal system on your own.
Our associates here at Phillips Law Group are ready to help you seek the compensation you are owed. We will review all the factors involved in your case and can determine what an appropriate amount of money should be for pain and suffering in your particular case.
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Do Your Injuries Count as Pain and Suffering?
An attorney can walk you through the process of calculating pain and suffering damages and ensure that you get the full amount of compensation that you are entitled to receive. But how is this pain and suffering calculated? There is no one-size-fits-all answer to that question; the amount of pain and suffering that is calculated in a car accident case varies depending on the individual situation.
Here are a few methods that insurance companies and lawyers often use to determine an accurate amount:
- The severity of the injuries suffered: The more severe the injuries, the greater the amount of pain and suffering that is likely to have been experienced. This method can be difficult to quantify, however, as different people have different thresholds for pain.
- How long the injuries are expected to last: Injuries that are expected to heal quickly will typically result in less pain and suffering than those that will have long-term or permanent effects.
- Effects of the injuries beyond just physical pain: If an injury has resulted in emotional trauma or has limited a person’s ability to enjoy life activities, these factors can also be taken into account when calculating pain and suffering damages. The court may also take into consideration any changes in lifestyle or quality of life that may have resulted from the accident.
- Financial losses as a result of the accident: This includes various monetary burdens including medical bills. The CDC reported that in 2009 in the United States, an estimated 2.3 million people were treated for non-fatal injuries resulting from car accidents. In 2012, crash-related Emergency Department visits amounted to $3,362, and each hospitalization cost an average of about $57,000 over a victim’s lifetime. Accident victims deserve to recoup these expenses.
Ultimately, there is no perfect way to calculate pain and suffering from a car accident. Insurance companies and lawyers will often use different methods, or a combination of methods, in order to come up with an amount that they feel is fair.
Examples of Pain and Suffering
Here are some examples of pain and suffering that may be experienced by victims of car accidents:
- Physical pain: This can include the acute pain experienced immediately after the accident, as well as any long-term pain that may result from injuries sustained in the accident.
- Emotional anguish: Victims of car accidents sometimes suffer from emotional trauma such as anxiety, fear, insomnia, depression.
- Quality of life: If the victim will never be able to work or enjoy his or her hobbies again, then the pain and suffering will be greater than if only missing a few weeks of work. If you can no longer work or enjoy your hobbies because of your injuries, that’s also a significant loss that can lead to frustration, anger, and loneliness.
- Financial hardships: Many car accident victims incur significant financial burdens as a result of their injuries. These can include therapy, lost wages, and property damage. If victims have lost their jobs, need ongoing care, or are seeing medical bills pile up, then their pain and suffering will be greater than if they only had to miss a few days of work or pay a small co-pay for their medical treatment.
In some cases, expert testimony may be used to assess the value of pain and suffering damages. This could involve medical experts testifying about the nature and extent of the injuries and what kind of treatment the plaintiff is receiving. Financial experts may offer opinions on the future economic impact of the injuries.
How Much Money Will Be Awarded for Your Pain and Suffering?
The amount of pain and suffering that is awarded in a car accident case can vary greatly depending on the facts of the case and your injuries. However, there are some methods that are used to calculate general damages for pain and suffering.
One common method is to multiply the total amount of medical bills by a certain number, typically between 1.5 and 5, depending on the severity of the injuries. For example, if an individual has $10,000 in medical bills as a result of a car accident, it may be possible to recover $15,000 to $50,000 for pain and suffering using this method.
Another way to calculate pain and suffering is to take into account the victim’s lost wages as well as any future earnings that may be lost. For example, if an individual is unable to work for 6 months as a result of car accident injuries, he or she could potentially recover damages for lost wages as well as any future earnings that may be impacted by the injuries.
Phillips & Associates Can Help You Get the Compensation You Deserve
No one wants to be in a car accident, but unfortunately, collisions happen without warning and often with life-changing consequences. Pain and suffering is often one of the most difficult damages to quantify. However, the impact can lower your quality of life and enjoyment of it.
After your accident, do not suffer alone. At Phillips & Associates, our experienced lawyers can help you seek justice for your pain and suffering. Let us fight for the compensation you deserve. We can work with you to calculate the full extent of your damages, including both economic and non-economic damages.
Our attorneys have the experience and knowledge necessary to fight for the amount of compensation your case is worth. For over 26 years, we have protected our clients’ interests, winning over $1 billion dollars in settlements. There is no risk or obligation in contacting us to discuss your case. We do not charge any fees unless we win a settlement for your case. Contact us today to schedule a free consultation through the contact form or call us today.
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