Pain and Suffering from Car Accidents

Pain and suffering is a non-economic damage. Unlike other types of damages, it can’t be quantified by medical bills, lost wages, or receipts. It includes a variety of physical, emotional, and psychological impacts linked to a car accident. The most common types of pain and suffering damages include:

• Physical pain: This is serious or chronic pain felt as a result of a bodily injury. 
• Emotional and psychological trauma: This often includes anxiety, depression, post-traumatic stress disorder, or phobias related to your crash.
• Quality of life deterioration: This is the negative impact a crash-related injury has on your daily life. This might include inability to perform usual activities, loss of enjoyment in hobbies or interests, and challenges in maintaining personal relationships.

Calculating pain and suffering from car accidents is subjective and varies from one person to another. The multiplier method is one of the most commonly used methods for calculating pain and suffering damages. It involves adding up all the economic damages (e.g., medical bills and lost wages), and then multiplying the total by a number based on the severity of the injuries.

The multiplier typically ranges from 1.5 to five or more. More severe or impactful injuries receive a higher multiplier. For example, if your actual damages are $20,000 and the severity of your injuries warrants a multiplier of three, the pain and suffering damages would be calculated as $60,000.

A less common approach is the per diem method. This assigns a certain dollar amount to every day from the date of the crash until you reach maximum medical improvement. 
The daily rate is often based on your actual daily earnings, reflecting the notion that a day of pain is worth at least a day’s wages. For example, if you make $100 a day and suffer for 180 days, your pain and suffering compensation would be around $18,000.

How is pain and suffering from car accidents proven?

Proving pain and suffering after a crash can be challenging. This requires medical records and documentation of the treatment you received for your injuries. You may also need testimony from a doctor, therapist, and other medical professionals to prove your pain and suffering damages.

In some cases, photographs or videos may be used to illustrate the extent of your injuries and the impact on your quality of life.

It also helps to keep a diary or journal that documents daily pain levels, emotional states, and how the injuries impact your daily life. This personal account can provide a detailed picture of your day-to-day challenges and suffering.

If the other driver was at fault for your car accident, their insurance company is responsible for covering your pain and suffering damages. However, it’s not always as simple as it sounds. 

For example, if you were involved in a crash with an uninsured driver, you may need to pursue pain and suffering from your own insurance company. That’s assuming you have uninsured or underinsured motorist (UM/UIM) coverage.

UM is required in some states and optional in others. If you’re in a state where it’s optional, consider adding it to your policy. It can pay for your medical expenses, lost wages, property damage, and pain and suffering. Plus, it applies to hit-and-run crashes with an unidentifiable driver.

How much to ask for pain and suffering?

A pain and suffering settlement can vary depending on the severity of your injuries, required medical treatment, recovery time, and the impact your injury has on your quality of life. In most cases, the average pain and suffering settlement for a car accident ranges from a few thousand dollars to hundreds of thousands of dollars. 

In many states, the amount of fault you contribute to a crash can also affect your total compensation. If you’re in a pure comparative negligence state, you can recover damages, even if you’re 99% at fault. However, your compensation would be reduced by the percentage of fault you contributed. 

For example, if your total damages equal $50,000, and you’re found 20% at fault, you would be able to recover $40,000. If you’re in a modified comparative negligence state, you can recover damages as long as you’re not more than 50% or 51% at fault.

A car accident can be especially traumatic for a child. Children are often susceptible to emotional trauma, anxiety, behavioral changes, and phobias after a car accident. Plus, a crash can potentially have a long-term impact on a child’s development and emotional regulation. 

If your child was injured in a crash, you’ll need to file a car accident claim on their behalf. Be sure to document the child’s injuries, medical treatments, and recovery process. Also, consider the long-term needs of the child. That includes future medical care, counseling, and educational accommodations. 

A pain and suffering lawyer will need to negotiate with insurance companies to ensure adequate compensation and reach a settlement. If your case goes to trial, your child’s settlement will likely need court approval to ensure that the settlement amount is in the best interest of the child. 

Settlement funds awarded to minors are typically managed by a court-appointed conservator or guardian until the child reaches the age of majority. The funds are often placed in a protected account (e.g., a trust or annuity) to ensure they are used for the child's benefit.

Insurance companies are often reluctant to pay for pain and suffering from car accidents. They may argue that your pain and suffering is unrelated to your crash. Or they may try to downplay the validity of your claim. A Law.com Premier Attorney won’t let them dictate the outcome of your claim. 

Having an attorney on your side levels the playing field. A pain and suffering lawyer will thoroughly investigate your crash, use the evidence to strengthen your case, and fight to recover every dollar owed to you. If a settlement can’t be reached, your attorney will be prepared to take your case to trial. 

Don’t let the insurance companies push you around. Contact a Premier Attorney in your area for a free consultation. Our verified attorneys work on a contingency fee basis, which means they don’t charge any upfront fees for their legal services. You only pay after you’re fully compensated.