After a serious car accident because of someone’s negligence, you may expect to have your medical bills covered. However, seriously injured drivers and passengers may be entitled to additional compensation for their losses, such as pain and suffering. Pain and suffering are more difficult to calculate than medical bills and lost earnings, but a car accident attorney can help.
After reading about calculating pain and suffering in a car accident settlement, speak to a car accident lawyer in your community. They will stand up for your rights if another person’s negligence injures you.
What Is Pain And Suffering?
Pain and suffering are damages you can pursue in a personal injury lawsuit for the discomfort that accident injuries cause you. Pain is not usually visible, unlike a broken bone that shows up on an x-ray. Your doctor can see your symptoms, such as the limited range of motion from a broken hip or tenderness in your neck after a whiplash injury. But these are merely pain indicators.
Even if you experience pain and suffering from the accident, measuring its severity can be difficult. Every injury victim is different and has different thresholds of pain tolerance. A degree of pain that can overwhelm one person and prevent them from sleeping might be a minor inconvenience to someone else.
Types Of Pain And Suffering
Two major categories of pain and suffering may entitle you to compensation:
- Physical pain and suffering: This is physical discomfort from your injuries. Unfortunately, many serious injuries are painful, such as broken bones, head and spine injuries, burns, internal injuries, and cuts and bruises. This pain and suffering also includes discomfort from surgeries, treatments, and rehabilitation. Physical pain and suffering can disrupt your life and make it difficult to enjoy your hobbies and family, work, and much more. Someone with a catastrophic injury can have severe physical pain and suffering for years.
- Mental and emotional anguish: Victims in car accidents may have serious injuries that cause mental pain and suffering, too. For example, after a severe car accident that amputates your leg, you can have depression, anxiety, PTSD, loss of enjoyment of life, insomnia, and humiliation. You should also seek compensation for this mental suffering in a car accident lawsuit.
Another area of pain and suffering is loss of consortium, which is how the injury affects your ability to have familial or intimate relationships, including loss of emotional support and loss of physical intimacy. Keep in mind that the definition of loss of consortium varies by state.
Usually, the more severe the car accident injury, the more pain and suffering compensation you may receive. Some car accident injuries, such as a broken arm, are understood to be painful. The break in the bone was painful when it happened, and it will require weeks or months of healing that can cause discomfort from immobilization and other factors. A broken bone can be so severe that screws and pins must be inserted during surgery, which leads to more pain.
But what happens if the injury isn’t as apparent? A classic example is a whiplash injury in a rear-end crash. Whiplash may cause serious trauma to the ligaments, muscles, and tendons in the neck that are excruciating. However, the injuries can be difficult to see on imaging scans.
Regardless of the type of car accident injury, a seasoned car accident attorney will draw on many legal and medical resources to prove your degree of pain and suffering to the insurance company or jury.
How Is Pain And Suffering Calculated?
There is not a one-size-fits-all way that the insurance company will evaluate your pain and suffering. There are various ways that the insurance adjuster will evaluate the mental and physical pain and suffering from your injuries, treatments, rehabilitation, and limitations on your life:
Multiplier
One of the most common ways to calculate pain and suffering is by adding up your medical bills from accident injuries. They multiply this figure by one and a half to five based on the severity of the injuries. The multiplier usually depends on these factors:
- How severe your injuries are. Is it one broken bone in your arm or several broken bones in your arms, legs, and feet?
- Your odds of a full and fairly quick recovery.
- How the injuries affect your daily life.
- How clear is the fault in the accident?
Suppose you were hit from behind by a tractor-trailer. The trucker was at fault because they were distracted by their cell phone and didn’t brake in time. You have a serious head injury and several broken bones in your limbs and body. If your medical bills are $100,000, the insurance company might use a four multiplier to determine pain and suffering, which will be $400,000.
On the other hand, if a car rear-ends you and you have only a broken wrist and $10,000 in medical bills, the insurance company may only assign a two to your pain and suffering. This will result in a $20,000 amount for pain and suffering.
Pain and suffering compensation is always open to negotiation. Your car accident lawyer may disagree with the multiplier the insurance company uses. They might argue for a higher multiplier by presenting medical evidence that your injury is worth more.
Per Diem
The per diem method for pain and suffering compensation is less common, but the insurance company might use it. The insurance adjuster will assign a dollar amount to your daily pain and suffering. Devising an appropriate per diem amount is tricky, and it may not be the best method for a long-term injury.
For example, you might use the per diem method for a car accident where you have whiplash. The insurance company might assign a $200 per diem for your daily mental and physical pain and suffering. You can receive $12,000 in pain and suffering compensation if you receive treatment for two months.
What Information Will The Insurance Company Review For Pain And Suffering Compensation?
Determining what your pain and suffering is worth involves the insurance company reviewing various evidence, including:
- Your medical records, including your restrictions on physical activity and how your quality of life is affected. If you lost a leg in the crash, the impact on your daily quality of life is substantial and permanent.
- Medical bills for past and current treatments.
- Bills for a mental health counselor or psychologist.
- Prescription drug records.
- Photos and videos of your injuries.
- Documentation from your employer regarding lost work time.
- A written or video diary of the pain and suffering you have endured since the auto accident. This evidence can be vital to increasing your pain and suffering compensation. You tell your own story in your own words about how the accident injuries have affected your life.
- Any written or video statements from your loved ones who know how the accident and injuries have caused pain and disruption to your life.
A seasoned auto accident attorney will compile all evidence of your pain and suffering and assemble it into a convincing story for the insurance company.
How Much Pain And Suffering Compensation Will I Receive?
Understand that the insurance company will offer pain and suffering compensation for your car accident injury, depending on the type and severity of the injury. Generally, the insurance company will assume that a car accident injury requiring more medical care will cause more physical and mental pain and suffering. Also, the insurance company will assume that a car accident injury that takes months or years to heal has more pain and suffering than one that heals in a few weeks.
For example, a severe car accident that caused an amputation injury and multiple broken bones is a long-term and permanent injury that will have more medical bills, surgeries, and rehabilitation. You will probably receive more money for pain and suffering than a broken arm that heals after three months.
A soft tissue injury, which is hard to see, will likely receive less compensation for pain and suffering than a burn, broken bone, or internal injury.
Regardless of the injury, the insurance company will want to see your medical records to understand the injury, pain, and suffering. The insurance adjuster will also be aware if you have lost significant work time from your injuries, which indicates a more serious disorder with higher pain and suffering.
A car accident lawyer will work with medical professionals to carefully document your injuries and the suffering you endure.
Most car accidents with pain and suffering end with a settlement. Your attorney will negotiate for the most compensation for your medical bills, lost income, and pain and suffering. Your car accident attorney will prepare to take the case to court if necessary. The insurance company can offer a settlement that is too low for your injuries, pain, and suffering.
A common situation is the insurance adjuster undervaluing the pain of a soft tissue injury, such as whiplash. Insurance companies often argue that these injuries are exaggerated. But your car accident lawyer will present convincing medical evidence to support your pain and suffering claim.
Is Pain And Suffering Compensation Taxable?
Generally, personal injury settlements are not taxable at the state or federal levels. This includes payment for medical bills, lost income, and pain and suffering. However, this compensation may be taxable if you receive punitive damages for egregious, malicious, or fraudulent acts.
Talk to your tax advisor about any tax consequences for the money received in a car accident lawsuit.
Pain And Suffering Compensation In A No-Fault State
Do you live in a state with a no-fault system for car accidents? This can be an issue when trying to obtain pain and suffering compensation. Your car accident injury will need to meet a certain threshold for you to step outside the no-fault system and sue the other party for pain and suffering.
Also, if you file a car accident claim under your Personal Injury Protection on your car insurance, you won’t be compensated for pain and suffering. PIP insurance only compensates for medical bills and lost earnings. Speak to your car accident attorney if you live in a no-fault state, and they will provide you with legal options for pain and suffering compensation.
When Will I Receive My Car Accident Settlement?
PIP insurance only compensates for medical bills and lost earnings; you won’t need a court trial. A settlement for a car accident claim might occur in a few weeks, but it also may take several months. Settling quickly isn’t always beneficial because you may still receive medical treatments. Your auto accident attorney will likely hold off on negotiating a settlement until you fully heal from your injuries. Your attorney will also want to understand your level and duration of pain and suffering before settling.
That said, a car accident settlement usually happens faster than suing and going to court. If you want to receive compensation quickly, accepting the highest settlement your attorney negotiates is best. Settling avoids the lengthy process of a trial, allowing you to move on and focus on recovery while securing the financial support you need.
Speak To A Car Accident Attorney Now
Receiving fair pain and suffering compensation in a car accident is challenging. It’s customary for the insurance company to offer less pain and suffering payment than the injured person deserves. Retaining a skilled car accident attorney to present the best claim to the insurance company is almost always best.
A car accident lawyer has the experience and knowledge to convince the insurance company or jury that you deserve more compensation for pain and suffering. This is especially true if you have severe, painful injuries, such as spine or brain damage, burns, severe lacerations, nerve damage, or multiple broken bones requiring surgery and long-term rehabilitation.
Your auto accident lawyer doesn’t charge upfront for their services, so speak to a personal injury attorney in your area today for a free consultation. You deserve maximum compensation for your discomfort and medical expenses, so call today.
