If you’ve been injured in an auto accident that was someone else’s fault, you may be dealing with broken bones, back problems, and other issues that put you out of work for months or even years. Thankfully, you may be able to receive compensation from the responsible party. While the amounts given for medical bills and lost income are easy to understand, grasping the concept of a pain and suffering award is more difficult. In this guide, you’ll learn how pain and suffering damages are calculated after an auto accident.
Which Factors Determine Damages for Emotional Trauma?
Pain and suffering awards include compensation for not only physical pain, but mental suffering like anxiety, memory loss, insomnia, and depression. If you’re dealing with a permanent or long-term injury, you’re eligible to receive compensation for the pain and suffering you’ll endure in the future as well. While there’s no formula for these calculations, various factors determine your settlement amount, including:
- How quickly you sought medical treatment
- The severity of your injuries and pain
- The expected recovery time
- Your age
- Your credibility as a witness
- The presence of pre-existing injuries
- The effects of the injury on your daily activities and work
These are just some of the factors to be considered. Judges, juries, and attorneys will also look at how the accident and your injuries have affected your personal and professional relationships.
How Pain and Suffering Awards Are Calculated
Insurers and auto accident lawyers use various techniques to estimate pain and suffering damages. Some of these methods include those listed below.
The multiplier: With the multiplier method, your medical bills and lost income are added and then multiplied by a factor of 1.5 to 5, depending on the case’s facts, the severity of your injuries, and the accident’s circumstances.
Per diem: Some lawyers and adjusters use daily rates to determine the value of a victim’s pain and suffering, multiplying that figure by the number of days the person has dealt with the injury. Per diem rates aren’t arbitrary, and in most cases, they’re set according to the victim’s daily earnings.
Computer programs: Many insurance companies use computer programs to consider factors such as injury type, length of hospitalization, and nature of treatment to determine the value of your pain and suffering claim.
Experience: A knowledgeable auto accident lawyer will have a firm understanding of the value of your claim based on cases they’ve handled in the past. Alternatively, a lawyer may research past jury awards and settlements before arriving at a figure.
Documentation for Pain and Suffering Claims
It’s important to document your damages to the extent possible, as providing sufficient information to the insurance adjuster may get you a more favorable award. It’s a good idea to save:
- Medical records and bills
- Prescriptions
- Receipts for medications
- Photos of the injury
- Proof of missed work days
- Journal entries showing how the accident has affected your sleep, your personal activities, and your daily life
Were you injured in an accident because of someone else’s negligent actions? You don’t have to fight the insurance company alone. With help from an auto accident lawyer, you can get the pain and suffering damages to which you are entitled.