Pain and Suffering for Car Accident Lawsuits
March 09, 2023
One of the key components of determining the total damages to be paid to car accident victims is pain and suffering. It is key to ensure that the victim of an accident is compensated adequately for the harm that the accident caused them.
How Pain and Suffering is Defined in Car Accident Claims
Pain and suffering in personal injury claims generally refer to both the mental and physical suffering that a person endures as a result of the reckless or negligent actions of another party. It may include:
- Physical pain resulting from physical injuries suffered that the accident victim suffered in the accident.
- Physical discomfort resulting from the medical care administered to the patient in order to treat the injuries
- Emotional pain including mental anguish, stress, anxiety, and other negative psychological effects of the accident.
Defining pain and suffering can be challenging as there are some forms of pain that are not readily apparent, for example, emotional pain as well as pain resulting from soft tissue damage. A medical professional may examine the accident victim and find symptoms of pain. However, determining the severity of the pain can be a challenge.
The concept of pain and suffering is subjective. There is, therefore, no easy or quick way to quantify or to calculate damages for pain and suffering. However, there are methods that insurance adjusters as well as personal injury lawyers use to estimate the amount car accident victims ought to receive as compensation for pain and suffering damages.
How Pain and Suffering is Calculated
There are two general methods that personal injury attorneys and insurance adjusters use to estimate the amount you should pursue as pain and suffering damages.
The multiplier method
This is one of the most common methods used for calculating pain and suffering. The amount is calculated by adding the medical bills resulting from the treatment of the injuries suffered in the car and multiplying the total by a multiplier. The value of the multiplier (usually a number taken from 1.5 to 5) will depend on various factors including:
- How severe the injuries are
- If the claimant will have a complete recovery and how quickly they will recover
- The impact of the injuries on the day-to-day life of the claimant
- How certain it is that the at-fault party’s negligence was responsible for the car accident.
The Per Diem method
In this method of estimating damages, the insurance adjuster or personal injury attorney attempts to assign a dollar amount to each day that the claimant has had to deal with the suffering as a result of the accident. However, determining the daily rate can be challenging. Many that apply this method use the average daily wage of the claimant as a starting point.
This method of estimating pain and suffering damages is often used when the impact of the accident will be felt for a long time e.g. in the case of catastrophic injuries.
Car Accident Lawyers at DiTomaso Law Help Victims in Camden, NJ
Want to know how much you should pursue as compensation for your car accident? Contact DiTomaso Law to schedule an appointment with our attorneys for a free case evaluation. Call us at 856-219-4970 or fill out our online contact form. We gladly service clients all around Southeast Pennsylvania and South Jersey, including Mt. Holly, Camden County, and Vineland, from our office locations in Philadelphia and Cherry Hill, New Jersey.
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