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Month: August 2025

How Much Is Pain and Suffering Worth in a Car Accident?

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If you’re injured in a car accident, you may be able to pursue compensation for your losses through an insurance settlement or a personal injury lawsuit, depending on the details of your case. Because many victims focus on recouping their economic damages, they sometimes do not realize that they may also have the opportunity to seek compensation for their pain and suffering, which aims to address the emotional and sometimes long-term effects of severe injuries.  

So, how is pain and suffering calculated in an auto accident? Below, our team from Jackson & Foster Law discusses the primary calculation methods used to value pain and suffering claims. For more information regarding your specific case, please speak with an auto accident lawyer. 

What Is Pain and Suffering Compensation?

Pain and suffering compensation is a type of non-economic damage that addresses the emotional distress, physical pain, or loss of quality of life that victims may experience after suffering a severe injury, illness, or traumatic event. Unlike economic damages, such as medical expenses or lost wages, pain and suffering is not easily quantifiable.

A plaintiff may pursue pain and suffering for various reasons, such as losing a limb from an accident, experiencing PTSD, or suffering from severe and debilitating pain for an extended period due to their injuries. Placing a numerical value on what these various types of suffering are “worth” is highly complex and subjective. Every victim experiences these hardships differently.

The Common Types of Pain and Suffering Claims

So, how is pain and suffering calculated in an auto accident? To promote consistency, attorneys and insurance adjusters often follow standard calculation protocols for non-economic claims. 

The Methods for Calculating Pain and Suffering

So, how is pain and suffering calculated in an auto accident? Attorneys generally use one of two primary methods to appropriately value claims, depending on the case details and available evidence. 

The Multiplier Method

The multiplier method is one of the more common techniques for valuing pain and suffering. This involves adding all of the claimant’s medical bills from their car accident injuries together and multiplying this total number by a figure between 1.5 and 5. The chosen multiplier typically depends on these factors:

  • The severity of the injuries
  • Their prospects and timeline for a complete recovery
  • How the injuries impact their day-to-day life
  • How clear fault is in the accident at hand

For example, say you were injured in a head-on collision with an impaired driver and suffered multiple broken ribs, a concussion, and a fractured pelvis requiring surgery and ongoing rehabilitation. For the purpose of this example, say your medical bills totaled $20,000. An attorney may select a multiplier of 3.5, as your injuries were severe enough to require surgery, but you have a positive prognosis. 

In this example, 3.5 would be multiplied by $20,000 to land at a pain and suffering claim of $70,000. 

The Per Diem Method

The per diem method is less common. This involves assigning a daily rate to the individual’s suffering and multiplying that rate by the number of days they experienced the pain.

An attorney may choose to use this method for someone going through rehabilitation for their injuries, calculating the number of days that their treatment takes.

Determining an appropriate daily rate can be challenging, which makes the per diem method less common in personal injury cases. Some attorneys assign the rate based on the individual’s earning capacity.

For example, if the person typically would earn $200 a day, their rate may reflect this wage. Note that this would still be calculated separately from lost wages compensation. 

Evidence Used To Value Pain and Suffering

To answer “How is pain and suffering calculated in an auto accident?” you need to understand the types of evidence attorneys or insurance adjusters review when determining figures like multipliers or daily rates. The following pieces of evidence may support your claim:

  • Proof of medical expenses, including receipts, diagnoses from providers, and treatment plans
  • Witness statements from those who saw the accident unfold or those in your life who’ve been a part of your recovery journey
  • Professional testimonies from healthcare providers or accident reconstructionists
  • Diary entries detailing your symptoms, feelings, and thoughts each day as you progress through recovery
  • Photographs or videos of your injuries
  • Prescription medication records, especially for medications that manage pain or mental health conditions

Do You Need Help Calculating Your Car Accident Claim’s Value?

How is pain and suffering calculated in an auto accident? Valuing non-economic damages can be quite complex, though attorneys generally follow standardized approaches. If you’re interested in hiring a personal injury lawyer, consider calling Jackson & Foster Law at (251) 433-6699 to discuss your case.

What To Do After a Hit-and-Run Car Accident

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Hit-and-run accidents can be incredibly jarring. Not only do you have to deal with the damage and potential injuries from the accident, but you also need to attempt to recall any identifying details about the driver who fled the scene.

Not knowing what to do after a hit-and-run accident is understandable. However, taking the right steps early could help preserve your options for seeking compensation. 

Learn what to do after a hit-and-run from Jackson & Foster Law.

Call 911 As Soon As Possible

You might hesitate to call 911 if you aren’t sure who struck your vehicle. But doing so is often an important first step after a car accident, regardless of the circumstances. 

Calling 911 prompts law enforcement and EMTs to come to the accident scene and assist you. A police officer may create an accident report detailing any information you recall about the driver who hit you and the other circumstances of the collision.

You can also seek medical attention promptly at the scene. Your medical treatment will provide you with documentation to use in an insurance claim or potential lawsuit as well as get you the help you need to recover from the injuries.

Fleeing an accident scene without stopping and providing contact information is a criminal offense in many jurisdictions. Law enforcement will want to investigate the matter and attempt to track down the responsible party. 

Record As Much Information About the Driver As You Can

Hit-and-run accidents can be frustrating. You may not remember much information about the driver who hit you, and you wish you could recall more details to assist the investigation. 

However, any information you can provide may be helpful, no matter how small. Consider whether you remember any of the following details:

  • The type of vehicle (sedan, SUV, truck, etc.)
  • The color of the vehicle
  • Any other identifying features, such as damage to the vehicle or bumper stickers
  • Any figures you can remember from the license plate
  • The appearance of the driver
  • The direction the driver fled

The officer may look for security cameras or dashboard cameras that caught the hit-and-run accident. They may also speak to any witnesses of the crash. Someone else may remember more about the driver than you do and can provide a witness statement to use as evidence.  

With all available information, they will begin attempting to track down the driver. 

Contact Your Insurance Company

The next step to take after a hit-and-run accident is often to call your auto insurance company and report the accident. Inform them that you do not know the identity of the at-fault driver and that the accident was a hit-and-run. 

You might have insurance coverage that applies to accidents in these cases, such as:

  • Uninsured motorist coverage: Pays for medical expenses, lost wages, and damage to your vehicle (among other possible damages) after an accident in which the at-fault driver did not have auto insurance. 
  • Collision coverage: Pays for damage to your vehicle after a collision with another vehicle or an object.

In some cases, the insurance company might wish to investigate the accident and attempt to locate the at-fault driver before it will pay out your claim. 

If you file a claim through your own insurance, you will likely need to pay a deductible. Your claim will also be subject to your coverage limits. This is why it may be advantageous to pursue compensation through the at-fault driver’s insurance, if they can be identified. 

Pursue Compensation From the At-Fault Driver, If They Can Be Located

If law enforcement eventually tracks down the at-fault driver in your accident, you may have the opportunity to seek compensation through their insurance company or a personal injury lawsuit. An experienced accident attorney can assist you with this process. 

Your attorney can help you understand the at-fault driver’s potential financial obligation to you. They can also review your insurance coverage and communicate with your insurer. 

Avoid These Common Mistakes After a Hit-and-Run

The aftermath of a hit-and-run accident can be chaotic, but you should try to avoid certain actions that could compromise your case or even put you in danger. Generally, the following are mistakes to avoid after a hit-and-run:

  • Leaving the accident scene: Just because the driver who struck you left the accident scene does not mean you should leave as well. Stay where you are if safe to do so and call 911 to file a police report and seek medical attention. 
  • Chasing after the driver: Many people would say to never try to chase down a hit-and-run driver on your own. You might put yourself in danger of being struck by another motorist or facing aggression from the driver who hit you. Instead, leave this task to law enforcement. 
  • Admitting fault: Even if you think you were partially at fault for the accident, the other driver still has a legal responsibility to stop. Admitting fault could hurt your accident case. Allow law enforcement to complete their investigation to determine fault. You may not appreciate all of the circumstances until you’ve had time to process after a serious wreck.
  • Not seeking prompt medical attention: Waiting too long to seek medical treatment might make it challenging to tie your injuries directly to the hit-and-run accident. 

Seek Legal Assistance From Jackson & Foster Law

Now that you know what to do after a hit-and-run accident and common mistakes to avoid, you may be in a better position to navigate the claims process. An experienced attorney can also provide guidance and assistance. 

At Jackson & Foster Law, we represent hit-and-run accident victims across Mobile, AL. Our attorneys work efficiently and maintain affordable legal fees to help clients seek adequate compensation for their claims.

You can schedule a free consultation with our legal team by calling 251-433-6699.