However, unlike physical injuries that can be documented, pain and suffering are much harder to prove. Emotional pain is not visible, and no diagnostic tests can undeniably prove its existence. And, unlike economic damages, such as damages to your car, noneconomic damages don’t have a specific price tag, though they can impact your life significantly.
Because of this, lawyers and insurance companies developed formulas to estimate potential pain and suffering. The following explores how to calculate pain and suffering to receive a fair settlement.
Types of Pain and Suffering
Physical pain is the pain you feel due to your injuries. Soft tissue injuries are quite common after a car accident and can result in pain in your muscles, ligaments, and tendons. A whiplash can lead to neck, arm, and shoulder pain as well as headaches.
Low back pain and pain from fractured or broken bones are also fairly common. Sometimes, the pain becomes chronic, leading to nearly continuous discomfort that impacts your daily life.
Any traumatic event, including a car accident, can cause emotional suffering. Following the accident, you may experience flashbacks or nightmares. Fear and anxiety may overwhelm you when you get behind the wheel or hear a loud noise.
Other emotions that may arise after sustaining an injury from an accident include grief, anger, worry, and frustration. If your symptoms, such as anxiety, flashbacks, and worry, last for months or more, you may want to speak with your doctor.
Methods to Calculate Pain and Suffering
It is difficult to put a monetary value on this subjective aspect of your injury. As a result, two methods have been developed to calculate pain and suffering damages.
Multiplier Method
Lawyers and insurance adjusters commonly use the multiplier method to determine how much money you should receive for pain and suffering in your settlement. This pain and suffering calculation is the economic damages multiplied by a number between 1.5 and 5. This number is known as the pain and suffering multiplier.
Economic damages refer to the expenses you incurred due to the accident. They may include medical bills, car repair costs, lost earnings, and more. The multiplier is based on the severity of your injuries, the possibility of complete recovery or permanent disabilities, how your injuries affect your daily life, and the certainty that the other driver was at fault.
As an example, your medical bills are $60,000, the cost to repair your car is $5,000, and your injuries caused $2,000 in lost wages. The injuries were significant, but you experienced a total recovery, so a 2.5 multiplier is used. The formula looks like this:
60,000 + 5,000 + 2,000 = 67,000 x 2.5 = $167,500
Per Diem Method
Less commonly used is the per diem method as a pain and suffering calculation. Essentially, a dollar amount is assigned to each day you experience pain and suffering and is multiplied by the number of days it takes you to recover. For instance, let’s say the daily value is set at $200, and you experience pain and suffering for 160 days. The formula looks like this:
200 x 160 = $32,000
Gathering Evidence for Pain and Suffering
As with any aspect of a settlement, you want to gather as much evidence as possible to justify your claim. Some evidence may include:
- Medical and psychiatric records: This includes diagnosis, treatment, doctor’s notes, and the total bill.
- Personal journal: While somewhat subjective, keeping a diary of pain levels and emotional struggles can offer some validity.
- Witness statements: Testimonials from family, friends, and people you work with about your condition. These statements paint a picture of how the accident has altered your life.
- Expert witness statements: Getting expert opinions from vocational, medical, and mental health experts can validate your claim.
- Proof of lost wages: This can be a letter from your employer stating your earnings before and after the accident and any time you took off work.
- Receipts for medications: This includes any medications you took because of your pain and suffering.
High Settlement Examples: Severe Injuries and Long-Term Impact
You need to be as specific as possible and write a detailed description of your pain and suffering, including how it affects your daily life. A daily journal is an ideal way to accomplish this.
In it, write down everything you experience related to pain and suffering. For instance, I bent down to pet my dog and felt a sharp, stabbing pain in my lower back. The pain was severe enough that I lay down for 30 minutes. Include any medication you took, how much, and if it helped.
If you are experiencing emotional challenges, such as PTSD, write down when you have the symptoms, flashbacks, or nightmares. When you feel anxiety, depression, fear, or worry, as it relates to the after-effects of the accident, take note of it.
Make sure to describe how your pain and suffering affect your everyday life. Include the evidence you gathered to support your claim.
Common Pitfalls and How to Avoid Them
The calculation of pain and suffering is one of the more challenging aspects of a personal injury case. Overestimating it can lead to longer-than-necessary negotiations, disbelief on the insurance adjuster’s part, and ultimately negatively affect your settlement. Underestimating it can leave a significant amount of money on the table.
Another common pitfall is forgetting to include the emotional component of pain and suffering. While the most difficult to prove, it can also have the longest-lasting effects. If you feel fear when driving your car, anxious when you hear a loud noise or have stopped doing certain activities you once enjoyed, be sure to include these symptoms in your claim.
Documentation and evidence are essential in these cases. Remember to include them.
Get The Car Accident Injury Compensation You Deserve!
When to Consider Legal Help
Pursuing money for pain and suffering, if it exists, is part of the legal process. Unfortunately, it is also an aspect that is subjective and up for interpretation. In these cases, a personal injury attorney with experience in car accidents can help maximize your settlement and ensure you don’t leave out the money you’re entitled to. They’ve been well-trained on how to calculate pain and suffering.
Additionally, when insurance adjusters evaluate the accident’s impact on your daily life and activities, they may ask for a recorded statement. However, some injuries are not noticeable until after some time has passed. Having an attorney with you ensures these little but important details are noted.
If you decide to obtain an attorney’s services, many offer free consultations. These allow you to get to know them, see if you’re comfortable with them, and trust their level of expertise. They may also charge on a contingency fee basis, which means you do not have to pay them upfront. Instead, they receive an agreed-upon percentage of your settlement.
Taking Control of Your Settlement
Taking control of your settlement means asking for fair and just compensation. In many cases, this includes pain and suffering damages. It’s important to be honest about the accident’s impact on your daily life.
Take proactive steps toward a fair settlement by putting your pain and suffering into words and documenting it daily. Use the pain and suffering calculation and include any evidence. If you feel overwhelmed or unsure of the process, seek the assistance of an experienced attorney.
