Car accidents can leave lasting scars not only physically, but emotionally as well. Pain and suffering refers to the physical discomfort and emotional distress a victim deals with as a result of the accident. It encompasses physical agony, emotional trauma, discomfort, inconvenience and mental anguish.
How Pain and Suffering is Defined in Car Accidents
In car accident claims, there are 2 types of pain and suffering: (1) physical discomfort and (2) emotional distress stemming from physical injuries. These are classified under “general damages” in legal terms.
Unlike visible injuries, pain is not something that is easily observed. While symptoms like limited mobility or tenderness may hint at pain, its severity is often subjective and the level of pain varies from one person to another.
In cases where the injuries are apparent such as broken bones, the pain and suffering are much easier to assess. But for less obvious injuries like soft tissue damage, determining the extent of pain and suffering a person experiences becomes a bit complicated.
How is Pain and Suffering Compensation Determined in Car Accident Cases?
There’s no one-size-fits-all formula for this but there are a couple of common approaches used by insurance adjusters and courts:
Multiplier Method
This method determines damages by multiplying actual economic damages (example: medical treatment expenses) by a set number (the multiplier). The multiplier is usually between 1.5 and 5 – the more serious your injuries are, the higher the multiplier will be.
Here’s an example of a high-multiplier settlement:
Sophia is driving along a busy street when suddenly, a speeding SUV rear-ends her vehicle. The impact caused severe whiplash and back injuries. She undergoes months of physical therapy to regain mobility and manage her chronic pain. Overall her treatment had cost her approximately $20,000.
The accident was clearly the fault of the speeding SUV driver. Sophia’s injuries are extensive and it caused prolonged pain and suffering. Considering the severity and long-term impact of her injuries, a multiplier of 4 or 5 seems reasonable which means Sophia may expect a settlement ranging from $80,000 ($20,000 x 4) to $100,000 ($20,000 x 5).
Per Diem Method
This method determines damages by estimating the # of days you experienced pain and getting paid a pre-determined rate for it. The daily rate paid is often equal to your daily wage.
To illustrate the “per diem” method, suppose you were a victim of a car collision, resulting in whiplash. As a result, you had to wear a neck brace and rely on pain medication for two months. But even after the brace was removed, you continue to experience discomfort and pain for an additional three months, totaling five months of ongoing pain and discomfort equivalent to 150 days.
Now let’s say your job pays you an annual salary of $45,000, which translates to approximately $180 per day when divided by 250 working days in a year. Using the per diem method, let’s multiply your daily rate of $180 by the 150 days of pain and discomfort, resulting in a pain and suffering settlement of $27,000.
You may also refer to the pain and suffering calculator here.
Take note though that while these methods offer some guidance, it’s always a good idea to consult an experienced injury attorney instead, as they can give you a more realistic computation for the damages.
Factors to Consider in Calculating Pain and Suffering Damages
When determining the monetary value of a person’s pain and suffering in a car accident case, several key factors are taken into consideration:
Severity of Injuries
More severe injuries typically result in greater physical pain and emotional anguish, warranting higher compensation.
Recovery Period
A prolonged and challenging recovery significantly affects the victim’s daily life and overall well-being.
Impact on Daily Life
If the person now has difficulty to carry out routine tasks or participate in hobbies they used to have, this increases the overall pain and suffering they experience.
Overall Disruption
The overall disruption to the victim’s life, including missed work or social engagements, is factored in as well.
Types of Evidence Reviewed by the Insurance Company
The insurance company will examine various supporting documents in order to assess your claim:
- Medical Records
- Medical Bills
- Mental Health Professional Visits
- Prescription Records
- Photographs of Injuries
- Receipts for Medications
Other pieces of evidence that the insurance company will check include your employment records, witness statements and your personal journal.
No Pain and Suffering in No-Fault/PIP Claims
In states that follow a no-fault car insurance system such as Florida, Michigan, New York and New Jersey, if your injuries don’t meet the state’s threshold for filing a liability claim against the at-fault driver, you won’t receive “pain and suffering” damages.
Also, claims filed under your own “personal injury protection” or “medical payments” car insurance coverage won’t compensate you for pain and suffering. These claims typically cover only specific out-of-pocket losses, such as medical bills and lost income.
When Will I Receive My Pain and Suffering Settlement?
Most car accident cases settle during the insurance claim process. Some claims are resolved swiftly (within weeks) but others may take a year or so especially if the claimant is still undergoing medical treatment.
Should I Pursue a Pain and Suffering Lawsuit?
While many car accident injury claims are resolved through their insurance providers, filing a lawsuit might become necessary if there’s significant disagreement or if the insurer fails to offer reasonable compensation for your pain and suffering. Taking legal action will also show how determined you are in getting the compensation you rightfully deserve and this can prompt them to re-evaluate their offer.
When considering court action for your car accident case, you need to know the statute of limitations in your state. Usually, you have 2-3 years to initiate a car accident lawsuit in court, but the deadlines can vary by state. If you miss it, you could forfeit your right to compensation.
If the insurance process has dragged on close to the statute of limitations deadline, it’s wise to file your lawsuit promptly in order to safeguard your rights.