How Do You Calculate Pain and Suffering in a Car Accident?

Serious car accidents can cause severe injuries, some of which may be permanent and impact a victim for life. To calculate pain and suffering in personal injury cases like these, there are a couple of methods involved. These methods include the multiplier method and the per diem method.

The amount of compensation a victim may receive depends on several factors, including the seriousness of their injuries. Other factors include how the accident happened and the specific types of injuries they suffered. In general, an accident victim who suffered a permanent or lifelong injury is likely to receive a higher pain and suffering award.

These injuries may require ongoing medical care and can result in intense pain, suffering, and daily challenges. Victims can seek financial compensation for these difficulties through a personal injury claim.

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

When a car accident victim can satisfy the legal burden of proof in their case, they may be in a position to recover various types of damages.

First, injured car crash victims may pursue and recover monetary compensation for their related medical expenses. Moreover, if they suffered a permanent injury, the accident victim can recover compensation for their anticipated medical costs.

In addition, if the accident victim had to miss time from work to recover from their injuries, they may make a claim for lost earnings.

Furthermore, car crash victims may receive a monetary recovery for their intangible losses, including compensation for their pain and suffering.

First, an accident victim may recover compensation for the pain and suffering they experienced between the date of their accident and the present time. If a medical provider finds that the accident victim’s injuries are permanent, the victim may get compensation. This compensation can cover their ongoing pain and suffering, which may last a lifetime.

Proving a Car Accident Case Successfully

To receive monetary compensation in a car accident case, including economic recovery for physical pain and suffering, an accident victim must establish several elements of proof in their case.

First, they must demonstrate that the at-fault driver owed them a duty of reasonable care. All drivers have an obligation to drive safely and carefully, to refrain from distracted and intoxicated driving, and to follow all traffic laws and regulations.
Next, the injured accident victim must establish that the other driver violated one of these traffic laws in some way.
In addition, an injured accident victim must show that as a direct result of this violation, both the car accident and their subsequent injuries occurred.

The Help of Experts

In car accident cases, it is essential to have a medical expert involved. A medical expert can be beneficial by providing favorable testimony at a discovery deposition or civil jury trial.

A medical expert may also draft a report in your case that causally relates your claimed injury or injuries to the car accident. A medical expert can explain, with reasonable certainty, the symptoms you might have from your injury. They can also tell you how long you may experience those symptoms.

Finally, an expert can establish whether your specific injury is permanent and likely to cause severe and ongoing symptoms for the rest of your life.

Life Tables for Car Accident Victim Suffering

To determine how much money an accident victim may receive for future pain and suffering, a car accident lawyer can use life tables as evidence.

A life table shows how many years a person is expected to live. The lawyer can calculate a dollar amount for each day, week, month, or year. This shows the judge or jury how much the victim should get for future pain and suffering.

In addition, accident victims can receive compensation for emotional distress, loss of companionship, permanent disability, scarring, long-term care costs, and overall inconvenience.

Based on the severity of your injuries, a lawyer can estimate the value of your pain and suffering, helping you understand what to expect. They will then work to maximize the compensation you receive for both your expenses and your pain and suffering.

Filing a Car Accident Claim for Favorable Monetary Compensation

A knowledgeable car accident lawyer can file a personal injury claim with the at-fault motorist’s insurance company in pursuit of favorable monetary compensation.

To prove your entitlement to economic damages, including pain and suffering damages, your lawyer can submit:

Lost-income documentation from your employer
Medical treatment records that detail the nature and extent of your injuries
Medical bills
Photographs of visible injuries
Property damage photographs
Diagrams of the accident scene
Reports from medical experts detailing the nature and extent of your injuries
Video camera footage of the accident.

During settlement negotiations, your attorney can point out specific reports from medical experts, as well as your medical treatment records, in support of your pain and suffering claim.