Being involved in a car accident can lead to a variety of damage to your property, your health, and more. Pain and suffering are common damages that many will seek to recover compensation for. When doing so, it is important to understand how pain and suffering are evaluated and what you can expect. We explore this topic so you’re prepared in the aftermath of a car accident.
What is Pain and Suffering?
Pain and suffering is the physical and emotional distress that comes about following an injury from an accident. This can include the physical pain from injuries sustained in the accident as well as any mental stress, emotional anguish, and lifestyle changes.
Physical Pain and Suffering
- Broken Bones
Learn more about common injuries sustained in car accidents in our blog.
Emotional Pain and Suffering
- Anxiety
- Depression
- Post-traumatic Stress Disorder (PTSD)
- Loss of Enjoyment of Life
- Strain On Personal Relationships
Pain and Suffering Policy Limits
Insurance policies often have limits on how much they will pay for pain and suffering. These can vary widely depending on the policy, the insurance company, and the state you reside in. Some states will cap the amount that a victim can receive while others do not.
How to Calculate Pain and Suffering
When calculating pain and suffering, a variety of factors are considered. These include:
- Severity of injuries
- Impact on daily life
- Medical treatment
- Emotional impact
There is no legal formula for calculating pain and suffering. Unlike medical bills or lost wages, which have specific monetary values, pain and suffering are more subjective and, therefore, more difficult to quantify. There are a variety of methods that insurance companies may utilize to come to an appropriate compensation:
Multiplier Method
This involves multiplying the total medical expenses and lost wages (known as economic damages) by a factor typically ranging from 1.5 to 5 depending on the severity of injuries and other factors.
This method is usually preferred in cases that involve significant or catastrophic injuries where the impact on the victim’s life is substantial. It works well when there is clear economic damage that can be used as a baseline for calculating pain and suffering.
Per Diem Method
This involves calculating a daily rate of pain and suffering based on the extent of injuries, estimated recovery time, and the amount the victim would have made each day if not for their injuries.
This method is often preferred in cases involving minor to moderate injuries where the impact on daily life is temporary with predictable recovery times. This may be more appropriate for injuries that are expected to heal completely within a relatively short period of time.
Average Settlement for Car Accident Pain and Suffering
Average settlement amounts for pain and suffering can vary especially since most settlements encompass economic and non-economic damages. It’s important to note that each case is unique, and settlement can range from a few thousand dollars to several hundred thousand dollars or more. Check out our blog to learn more about average settlement amounts across personal injury claims.
Our firm’s settlement average for motor vehicle accidents is around $30,000. However, if you take a look at our results, there’s a wide range of settlements we’ve been able to obtain for clients ranging from $11,000 to $1.4 million.1
Let Our Attorneys Get You the Pain and Suffering Settlement You Deserve
Navigating the complexities of pain and suffering claims can be challenging without the expertise of a personal injury attorney on your side. At DM Injury Law, we help victims of car accidents assess their case, gather evidence, negotiate with insurance companies, and, if necessary, pursue legal action.
If you’ve been injured in a car accident and are seeking compensation, don’t hesitate to reach out to our team. We are dedicated to helping accident victims recover. Contact us today for a free consultation and let us fight for the settlement you deserve.
- Past results obtained on behalf of clients afford no guarantee of future results and every case is different and must be judged on its own merits. ↩︎