What Is Pain and Suffering in Car Accident Lawsuits?
Car accidents can be traumatic experiences resulting in significant physical and emotional harm. When someone else’s negligence causes an accident, victims may seek compensation for lost wages, medical expenses, and pain and suffering.
However, while insurance and MedPay coverage can help with medical bills, they may not fully compensate victims for their pain and suffering. To receive full and fair compensation for these non-economic damages, you may need to file a lawsuit.
Economic vs. Non-Economic Damages
In car accident cases, damages are usually divided into two categories: economic and non-economic. Economic damages are quantifiable financial losses from the accident, such as medical expenses, lost wages, and property damage.
Non-economic damages are more subjective and may include pain and suffering, emotional distress, and loss of enjoyment of life. These damages compensate victims for the intangible harm they have experienced.
What Is Considered Pain and Suffering in an Accident Claim?
Pain and suffering encompass the physical pain, emotional injuries, and other non-economic losses a victim experiences after a car accident.
- Physical Pain and Suffering
Physical pain and suffering refer to the actual pain, discomfort, and bodily harm caused by an accident. This can include both immediate pain at the time of the accident and any chronic pain or discomfort that persists into the future, such as permanent disfiguration and reduced mobility.
- Emotional Injuries
Car accidents can be emotionally traumatic, and victims may suffer various emotional injuries. These include anxiety, depression, and post-traumatic stress disorder (PTSD). Emotional wounds can severely impact a victim’s daily life, relationships, and well-being.
- Loss of Consortium
Loss of consortium refers to an accident’s negative impact on a victim’s relationship with their spouse or partner. This can include a loss of companionship, affection, and sexual relations, which can significantly affect the quality of a couple’s relationship.
- Lost Enjoyment of Life
Accidents can also profoundly affect a victim’s ability to enjoy life. Lost enjoyment of life refers to the diminished capacity to participate in and derive pleasure from activities and hobbies the victim once enjoyed. This can encompass a wide range of experiences, from playing sports to spending time with friends and family.
What is the Value of Pain and Suffering Damages?
Determining the value of pain and suffering damages can be challenging, as there is no objective standard to measure these intangible losses. However, two common methods are used to help calculate these damages: the multiplier method and the per diem method.
- Multiplier Method
The multiplier method involves assigning a numerical multiplier (usually between 1.5 and 5) to the total amount of economic damages. The specific multiplier used depends on factors such as the severity of the injuries, the degree of pain and suffering, and the impact on the victim’s life.
The economic damages are then multiplied by the multiplier to estimate the value of pain and suffering damages.
- Per Diem Method
The per diem method calculates pain and suffering damages by assigning a daily value to the victim’s pain and suffering, then multiplying that value by the number of days the victim experienced pain and suffering. It is calculated from the date of the accident to the date of Maximum Medical Improvement (MMI).
Maximum Medical Improvement is the date a medical expert can give a final prognosis or the victim has fully recovered. Determining a settlement before the victim reaches MMI is challenging because there is potential for more treatment and costs associated with the case.
For a Free Legal Consultation Contact Brian Hodgkiss Injury Lawyers
Navigating the complexities of a car accident lawsuit can be overwhelming, especially when trying to calculate pain and suffering damages. A knowledgeable and experienced personal injury attorney can help you understand your rights and fight for the compensation you deserve.
If you or a loved one has been injured in a car accident and believe you may be entitled to pain and suffering damages, contact Brian Hodgkiss Injury Lawyers today. Our team of dedicated attorneys will provide a free legal consultation to assess your case and help you determine the best course of action.
Don’t let the aftermath of a car accident define your life – reach out to a Green Bay car accident lawyer and let us help you get the financial compensation you deserve for your pain and suffering.