In a personal injury claim, “pain and suffering” refers to non-economic damages that can significantly impact quality of life. The following are considered components of a pain and suffering claim:
- Physical Pain: This is the actual physical discomfort and suffering from a physical injury such as broken bones or soft tissue injury. It includes pain during medical treatment, surgery, physical therapy and recovery.
- Emotional Distress: Personal injury claims often involve emotional pain, which can manifest in anxiety, depression, sleep disturbances, or post-traumatic stress disorder (PTSD).
- Mental Anguish: This refers to the psychological and emotional trauma resulting from a car accident, including fear, humiliation, or grief.
- Loss of Enjoyment of Life: If the injury significantly impairs your ability to participate in activities you once enjoyed, it is considered a component of pain and suffering.
- Disfigurement or Scarring: Visible scars or disfigurement resulting from the injury can cause significant emotional distress and lowered self-esteem.
- Loss of Consortium: Losing companionship, affection, or support from a spouse or family member can also be considered a part of pain and suffering.
Real-Life Examples of Pain and Suffering
Here are a few examples of when an individual may claim non-economic damages for pain and suffering.
- Physical Pain and Suffering: The pain experienced from multiple fractures, surgeries, and extensive physical therapy constitutes physical pain and suffering.
- Emotional Distress: A pedestrian struck by a negligent driver experiences severe anxiety and nightmares.
- Mental Anguish: A car accident victim experiences persistent fear, anxiety, and mental anguish when on the road, even after recovering from bodily injuries.
- Disfigurement or Scarring: A person involved in a car accident sustains severe burns or extensive scarring on their face, resulting in physical discomfort and emotional distress.
- Inconvenience: An accident victim with a spinal injury needs to use a wheelchair and requires assistance (replacement services) with daily tasks, such as bathing, dressing, and preparing meals – disrupting their daily life.
- Future Pain and Suffering: A person who has suffered a traumatic brain injury from a car crash is expected to have long-term cognitive and emotional issues, leading to future pain and suffering.
How an Insurance Company Calculates Pain and Suffering
Step 1: Initial Assessment by the Insurance Adjuster
Calculating pain begins when the injured party (claimant) submits a personal injury claim to the at-fault party’s insurance company. An insurance adjuster is assigned to the case and gathers information about the accident, injuries, and damages.
Step 2: Evaluation of Economic Damages
The adjuster evaluates the claimant’s economic damages, which include medical expenses, property damage, lost wages, and other tangible financial losses. These damages are relatively straightforward to calculate as they are based on bills, receipts, and objective evidence.
Step 3: Determining Severity
The adjuster assesses the severity of the injuries and the impact on the claimant’s life. This includes considering the type of injury, the duration of recovery, and any long-term consequences.
The Multiplier Method
The multiplier method is among the most common approaches to calculating pain and suffering. It involves assigning a multiplier, typically ranging from 1.5 to 5, to the economic damages (medical expenses, lost wages, etc.) incurred by the claimant.
For example, if your economic damages amount to $20,000, and the insurance company uses a multiplier of 3, they could calculate your pain and suffering as $60,000 ($20,000 x 3).
The Per Diem Method
With the per diem method, the insurance company assigns a daily rate to your pain and suffering based on your injuries’ severity and expected duration of recovery. They then multiply this daily rate by the number of days you suffered.
For example, if they determine that your daily rate is $100 and you suffered for 100 days, your pain and suffering would be calculated as $10,000 ($100 x 100 days).
Why Do You Need a Pain and Suffering Calculator?
A pain and suffering calculator is a tool that can provide an estimate of the non-economic damages that a person may be entitled to in a personal injury claim.
While these calculators can be found online, they cannot replace the guidance of a qualified personal injury attorney. An attorney can provide tailored advice based on the specific circumstances of your case and help you build a strong claim.
How Does the Pain and Suffering Calculator Work?
You typically begin by inputting the following data:
How Does the Pain and Suffering Calculator Work?
You typically begin by inputting the following data:
- Type of injury (e.g., whiplash, headache, brain bleed, broken bone, emotional distress)
- The severity of the injury (mild, moderate, severe)
- Estimated medical expenses
- Estimated lost wages
- Duration of recovery
The calculator may use predetermined factors or multipliers to assess the severity of your injuries and their impact on your life.
The calculator will then provide an estimated compensation amount for your pain and suffering, often displayed as a total dollar figure.
What to Do After a Car Accident?
- Call 911 and seek medical treatment.
- Call the police.
- Exchange contact and insurance details with others involved in the car accident.
- Take pictures of the scene.
- Tell your insurance company about the accident and follow their instructions for filing a personal injury claim.
- Consult an attorney.
Documenting Pain and Suffering: How Can I Prove Pain and Suffering Damages?
Proving pain and suffering damages in a personal injury claim can be challenging because these damages are subjective and not easily quantifiable. However, there are several strategies and types of evidence you can use to help establish and document your pain and suffering:
- Medical Records: Medical bills and records show the extent and severity of your injuries, any medical treatments or physical therapy you received, and the duration of your recovery.
- Medications: Records of prescription medications or pain relief treatments from your healthcare provider can demonstrate the severity of your pain and suffering.
- Photographs and videos: Take photographs or videos of your injuries, visible scars, or medical procedures when appropriate.
- Statements from healthcare providers: To lend credibility to your claim, request written statements from your doctors, specialists, therapists, or mental health professionals describing your injuries, treatment plan, and prognosis.
- Employment Records: If you’ve missed work due to your injuries, obtain records from your employer showing the duration of your absence and any loss of income.
What Is the Average Settlement for Pain and Suffering in Car Accidents?
How much compensation you can receive for pain and suffering varies widely because each settlement is based on the unique factors of the accident. The severity of injuries, amount of damage, and number of people injured are all factors in negotiating a settlement amount.
According to Forbes, the average settlements in 2020 were between $20,000 and $25,000.
Pain and Suffering Settlement Examples
For moderate injuries and emotional distress, the pain and suffering settlement might be negotiated at $15,000 to $20,000 to account for the emotional distress, physical pain, and disruption to daily life.
For severe injuries and permanent disability, the pain and suffering settlement could be substantially higher, potentially ranging from $250,000 to $500,000 or more.
The settlement might be modest for minor injuries and relatively short-lived pain and suffering, perhaps in the range of $2,000 to $5,000.
How an Attorney Can Help You in Seeking Compensation
An attorney can help you seek compensation for various types of damages in a personal injury claim, including economic and non-economic damages.
Economic Damages
- Medical expenses: An attorney can help you document and calculate all medical expenses related to your injuries.
- Lost wages: If you’ve missed work due to your injuries, an attorney can help you calculate the value of lost income.
- Property damage (vehicle repairs): If your vehicle was damaged in the accident, your attorney can assist in filing a property damage claim with the at-fault party’s insurance.
Non-Economic Damages
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- Pain and suffering damages: Attorneys are skilled at building a case for pain and suffering damages. They’ll gather evidence to demonstrate the extent of your physical and emotional pain.
- Emotional distress: If you’ve experienced emotional distress, anxiety, depression, or post-traumatic stress as a result of the accident, an attorney can help you document these psychological injuries and seek compensation for them.
A legal professional will guide you through the entire legal process, ensuring that you meet all deadlines and requirements for filing a claim. They’ll handle all communication with insurance companies, negotiate on your behalf, and advocate for your rights.
Attorneys are skilled negotiators and can often secure better settlements for their clients than individuals representing themselves. If settlement negotiations fail, your attorney can file a lawsuit and represent you in court, presenting a compelling case to a judge or jury.
An Experienced Michigan Personal Injury Attorney Can Help Calculate Pain and Suffering Damages.
Contacting an experienced car accident attorney is critical to ensure that you receive fair compensation if you’ve been injured in an accident. Personal injury claims involve numerous complexities, legal nuances, and potential obstacles, all of which can significantly impact the outcome of your case.
An experienced attorney at The Clark Law Office has helped countless car accident victims pursue justice and compensation. Contact our firm today for a free consultation.
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