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.
