Car accidents caused by reckless drivers bring physical and emotional damage to those involved. An accident can have a serious and unexpected toll on a person's life.
You can receive compensation for pain and suffering if you've been in an accident due to a reckless driver. Keep reading to learn how to calculate pain and suffering in an auto accident.
Pain and Suffering Definition
When you're in an accident caused by the reckless actions of another driver, you can be compensated for pain and suffering. According to Cornell Law School, pain and suffering are defined as "physical discomfort and emotional distress that are compensable as noneconomic damages". This includes the pain, anguish, emotional trauma, and inconvenience that come with an injury.
Other forms of pain and suffering include unemployment, mental distress, and diminished quality of life. "Pain" also includes the emotional pain that comes from an unexpected and traumatic accident.
A car accident victim can experience anxiety and depression if their injury keeps them from participating in normal activities. If injuries cause daily pain, it can make working difficult, causing financial troubles.
How to Calculate Pain and Suffering In an Auto Accident
Pain and Suffering is often defined as a noneconomic injury. There is no fixed formula for calculating pain and suffering. The calculations for pain and suffering include noneconomic items like emotional and mental distress.
Lawyers often use two methods to determine how much you can receive in an auto accident lawsuit.
The first method involves multiplying the victim's actual damages (medical bills and lost wages) by a certain number (usually between 1 and 5). The multiplier number depends on the severity of the damages.
The second method is a per diam approach. Per diam is Latin for "per day". An amount, such as $100, is assigned for each day it takes until the victim fully recovers.
The amount of compensation is higher with more severe accidents and injuries. You are more likely to get higher compensation if the accident totals your car or if you break any bones.
A car accident attorney will work on your behalf to gather documents that prove the extent of your pain and suffering. These documents include medical records, photographs of injuries, personal logs of recovery, testimonies from a mental health expert, and testimonies from family and friends. A lawyer work on getting you a settlement with your insurance company, so that you can be compensated.
The Road to Healing
Financial hardship should not make recovery more difficult. Pain and suffering compensation can help alleviate some of the distress caused by a traumatic accident. A car accident lawyer will show you how to calculate pain and suffering in an auto accident.
If you're looking for help, contact The Bruning Law Firm for the best auto accident lawyer available. They will fight for you and get you the compensation that you deserve!
