In addition to being compensated for property damage, medical bills, and lost wages, the victim of an auto accident, workplace injury, or other personal injury cases may also recover money for pain and suffering.
The question of what a fair settlement for pain and suffering might be can have a wide range of answers, so let’s take it step-by-step.
What Is Pain and Suffering?
Pain and suffering consist of both the physical and emotional pain that a victim encounters in the aftermath of an injury or accident caused by another party’s negligence.
Pain and suffering damages are referred to as non-economic damages because they don’t have a specific cost associated with them. Examples include:
- Decreased quality of life
- Stress, depression, anxiety, PTSD (post-traumatic stress disorder)
- Disability
- Disfigurement
- Loss of consortium (companionship)
- Loss of eyesight or hearing
- Diminished enjoyment of life
Assigning a dollar figure to what someone’s pain and suffering is “worth” can be subjective. The reason is that the costs aren’t easily figured out by calculating expenses from medical bills, lost wages, and other out-of-pocket costs. Instead, alternative calculations are used to come up with a number that is fair to the aggrieved party.
Schedule a free legal consultation with our personal injury team.
What Insurance Companies Consider When Determining Pain and Suffering Compensation
Several factors are considered when determining the amount of compensation you deserve for your pain and suffering after an accident. Some of these factors include:
Evidence from Doctors and Other Medical Providers
Symptoms from your injuries, such as back sprains, a concussion, neck injuries, and whiplash, may take several days to become apparent. If you fail to seek medical treatment soon after your accident, there’s a good chance your injury will not be considered serious and therefore it will not be “worth” much in terms of pain and suffering compensation.
It’s good to schedule an appointment for delayed symptoms if you did not see a doctor right after the accident. This will provide documentation for your injuries. The documentation is invaluable when it comes to pursuing pain and suffering damages after an accident.
Additional Evidence Reviewed by Insurance Companies
During the evaluation of your personal injury claim, the insurance company will require a release of your medical records. If you took time away from school or work to go to the doctor because of accident-related injuries, then you can use this documentation to support and validate your claim. This also applies to the lost wages that you incurred because of the time you had to spend away from your work to recover from the injuries.
The insurer will also review records related to your situation to determine how much your pain and suffering are worth. Some of the records they will look at include:
- Costs of prescription medications
- Medical records
- Documentation from your employer related to the time you miss at work
- Medical bills
- Receipts for any assistive medical devices or over-the-counter medications
- Photos of your injuries
You should keep your documentation, receipts, and records related to your accident available and secure to ensure you can access them when needed.
How Lawyers Determine the Cost of Pain and Suffering
Pain and suffering damages are typically awarded when a victim endures damages such as the ones listed above.
Because medical bills and other receipts don’t represent the cost of these damages, there are a couple of other calculations that can be substituted in their place.
Method 1 – The Multiplier Method
This straightforward method takes the total amount of the settlement for economic damages (medical bills, lost wages, etc.) and multiplies it by a number to calculate pain and suffering. As you can imagine, the number chosen for this formula has a dramatic effect on the total settlement. The higher the multiplier, the higher the settlement amount.
Traditionally, the multiplier falls in a range between one and five. A higher number generally means that the severity of the plaintiff’s injuries were severe, whereas a lower number might represent injuries and suffering that is less extreme.
For example, in a medical malpractice case, you might have sustained economic damages of $10,000.
With a multiplier of 3, you could expect a pain and suffering settlement of $30,000 ($10,000 economic damages x 3 multiplier).
Method 2 – The Per Diem Method
This formula is less common but still used. The basis of the formula is assigning a daily amount for the pain and suffering that will last for either the length of the suffering or for the life of the plaintiff.
The per diem amount is often calculated based on the plaintiff’s average daily income, but there are other placeholders that professionals may use if a salary is not applicable or relevant.
A per diem calculation might look something like this: the plaintiff was injured in a car accident and unable to work for 180 days. If their net income were $150 per day, then the total pain and suffering compensation would be $27,000 ($150 per day x 180 days).
How to Prove Pain and Suffering
Gathering evidence to build a case for pain and suffering is not as straightforward as showing receipts for medical bills or turning in pay stubs. A skilled and knowledgeable Bridgeport personal injury attorney can help ensure that all relevant proof is submitted to get maximum compensation for your injuries. This takes both experience and ingenuity.
Supporting Evidence Is a Must
When making an insurance claim, you will need to have supporting documents that prove the pain and suffering you are experiencing are a direct result of the car accident. One of the most important determining factors is evidence like your medical records and any doctor’s notes. In addition, any medical bills, photos of injuries, proof of lost wages and even receipts for prescriptions associated with injuries and emotional trauma should be submitted with your claim.
If you fail to provide proof, the insurance company will assume that you have not experienced pain and suffering as a result of the car accident. After submitting all of your documentation about the car accident, an insurance agent will review your case and determine what your claim is worth.
Contact Our Legal Team for Help with Your Accident Case
Getting the most money possible for your pain and suffering is challenging. Our legal team is here to help. Contact us if you have questions or want assistance with your personal injury claim.
