If you recently suffered injuries in a car accident, you’re likely dealing with intense physical pain along with emotional distress or psychological issues arising from the trauma of the event and dealing with your injuries. You’re also facing financial uncertainty because of your rising medical bills coupled with lost income from missing work. If a careless or reckless driver caused the crash, you shouldn’t have to pay for something that wasn’t your fault. You also deserve compensation for the pain and suffering you’ve endured.
As you consider your options for obtaining compensation, you may wonder, “How much will I get for pain and suffering?” While there’s no simple answer, understanding the factors that influence pain and suffering compensation can help you navigate the legal process and seek fair recompense for your injuries.
Read on to learn about the key aspects of pain and suffering damages, how they’re calculated, and what you can do to strengthen your claim. The best way to get an accurate assessment of your potential compensation is to speak with a car accident attorney. They can provide personalized advice based on the specifics of your situation and help you pursue the maximum compensation you deserve.
Pain and Suffering Guide
- What Factors Affect Compensation for Pain and Suffering?
- How Is Pain and Suffering Calculated?
- What Challenges Might I Face in Obtaining Pain and Suffering Compensation?
- What Can I Do to Maximize My Pain and Suffering Compensation?
- How Can an Attorney Help Me Recover Damages for Pain and Suffering?
- Contact an Experienced Car Accident Lawyer Today
What Are Pain and Suffering Damages?
Pain and suffering damages fall under the category of non-economic damages in personal injury cases. Unlike economic damages, which compensate for tangible financial losses like medical bills and lost wages, pain and suffering damages aim to address the intangible harm you’ve experienced due to your injuries.
These damages typically cover two main areas:
- Physical pain and suffering: This includes the actual pain and discomfort you’ve experienced as a result of your injuries, both in the immediate aftermath of the accident and ongoing pain you may continue to experience.
- Emotional or mental suffering: This encompasses the psychological impact of your injuries, such as anxiety, depression, loss of enjoyment of life, fear, and trauma.
Pain and suffering damages recognize that the impact of an injury goes beyond just the financial costs. They aim to compensate you for the overall reduction in your quality of life resulting from the accident.
What Factors Affect Compensation for Pain and Suffering?
Several factors can influence the amount of compensation you might receive for pain and suffering:
Severity of your injuries: More severe injuries typically result in higher pain and suffering awards. Injuries that cause long-term or permanent disability, chronic pain, or significant lifestyle changes often lead to larger settlements.- Duration of your recovery: The length of time it takes you to recover from your injuries can affect your compensation. Longer recovery periods often correlate with increased pain and suffering.
- Impact on your daily life: If your injuries prevent you from engaging in activities you previously enjoyed or affect your ability to perform daily tasks, this can increase your pain and suffering damages. For example, you can recover compensation for a traumatic brain injury or spinal cord injury that prevents you from doing your job or engaging in hobbies that you love. These and other impairments can boost not only your economic damages but can contribute to your pain and suffering damages.
- Psychological effects: Severe emotional trauma, development of mental health issues like PTSD or depression, or significant changes in personality due to the accident can all factor into pain and suffering compensation.
- Your age: Younger victims who will have to live with the effects of their injuries for a longer time may receive higher compensation.
- Pre-existing conditions you may have: If the accident exacerbated a pre-existing condition, this could be taken into account when calculating pain and suffering damages.
- Strength of evidence in your case: The more compelling evidence your attorney has to support your claim of pain and suffering, the better your chances of receiving fair compensation.
- Insurance policy limits: The at-fault party’s insurance policy limits can sometimes cap the total amount of compensation available, including for pain and suffering.
- Liability: The degree of fault assigned to each party in the accident can affect the final compensation amount.
Different states and jurisdictions may have varying approaches to calculating pain and suffering damages, including caps on non-economic damages in some areas. That’s why you must work with an attorney in your area to navigate these nuances and help you obtain fair compensation.
How Is Pain and Suffering Calculated?
There’s no standardized formula for calculating pain and suffering damages, which is part of what makes it challenging to predict exact amounts. However, insurance companies and attorneys often use one of two main methods:
The Multiplier Method
This approach involves taking the total of your economic damages (medical bills, lost wages, etc.) and multiplying it by a number typically between 1.5 and 5, depending on the severity of your injuries. For example, if your economic damages total $50,000 and a multiplier of 3 is used, your pain and suffering damages would be $150,000.
The multiplier is chosen based on factors like the severity of your injuries, the length of your recovery, and the impact on your daily life. More severe cases might use higher multipliers, while less severe injuries might use lower ones.
The Per Diem Method
This method assigns a daily rate to your pain and suffering, then multiplies that rate by the number of days you experienced (or are expected to experience) pain and suffering due to your injuries. For instance, if a daily rate of $200 is assigned and you suffer for 100 days, your pain and suffering damages would be $20,000.
The daily rate is often based on your daily earnings, with the rationale that dealing with pain and suffering is at least as difficult as going to work each day.
These methods are just starting points. The final amount can be adjusted based on the specific circumstances of your case. Insurance companies and courts will consider all the factors mentioned earlier to arrive at what they consider a fair amount.
Some insurance companies use more complex formulas or computer programs to calculate pain and suffering damages. These systems claim to take into account a wide range of factors and data from similar cases to propose a compensation amount. They mainly try to save insurance companies money.
What Challenges Might I Face in Obtaining Pain and Suffering Compensation?
Securing fair compensation for pain and suffering isn’t always straightforward. Your attorney might encounter several challenges:
- Proving non-economic damages: Unlike medical bills or lost wages, pain and suffering isn’t something you can easily document with receipts or pay stubs. It requires clear and convincing evidence to demonstrate the extent of your non-economic losses.
- Insurance company tactics: Insurance adjusters often try to minimize pain and suffering claims. They might argue that your injuries aren’t as severe as you claim or that you’re exaggerating your suffering.
- Subjectivity: Pain and suffering are inherently subjective experiences. What one person finds deeply traumatic, another might handle more easily. This subjectivity can make it difficult to quantify your suffering in a way that others find convincing.
- Lack of physical evidence: Some injuries, particularly those causing chronic pain or emotional trauma, might not have visible physical signs. This can make it harder to prove the extent of your suffering.
- Pre-existing conditions: If you had any pre-existing health conditions, the defense might argue that your pain and suffering are due to these conditions rather than the accident.
- Delayed symptoms: Some injuries, particularly those affecting the brain or spine, might not show symptoms immediately. If you delay seeking medical treatment, it could be harder for your lawyer to link your pain and suffering to the accident.
- Inconsistent statements: The insurance company could use any inconsistencies in your account of the accident or your injuries to undermine your claim for pain and suffering.
- Lack of medical treatment: If you don’t seek consistent medical care or follow your doctor’s recommendations, the insurance company could argue that your pain and suffering isn’t as severe as you claim.
- Social media pitfalls: Posts on social media that show you engaging in activities inconsistent with your claimed injuries could be used to challenge your pain and suffering claim.
What Can I Do to Maximize My Pain and Suffering Compensation?
While the challenges can seem daunting, there are several steps you can take to strengthen your claim for pain and suffering damages:
- Document Everything: Keep track of your medical appointments, prescriptions, treatments, and any therapy or counseling you receive. Document how your injuries affect your daily life, relationships, and ability to work. A detailed journal can be powerful evidence when it comes time to argue for pain and suffering damages.
- Seek Medical Help: Continue to see your doctor and follow through with all recommended treatments. This not only helps you heal but also shows that your pain is serious enough to require ongoing care. The more evidence you have of your suffering, the stronger your case will be.
- Get a Mental Health Evaluation: Emotional pain can be just as debilitating as physical injuries. Seeing a therapist or counselor to discuss your anxiety, depression, or trauma after the accident can strengthen your claim. Their testimony or written reports can be useful in proving emotional distress.
- Avoid Quick Settlements: It might be tempting to accept the first settlement offer, especially if you’re facing mounting bills. However, rushing to settle can leave you with far less than you deserve. Make sure you understand the full extent of your injuries and how they’ll impact your life long-term before agreeing to any settlement.
- Do not post on social media until your case resolves. The at-fault party’s insurance company will scour the web for evidence showing that the accident did not injure you nearly as badly as you claimed. They can subpoena posts that you marked as private, and will use anything you post against you.
How Can an Attorney Help Me Recover Damages for Pain and Suffering?
Working with an experienced car accident attorney can significantly improve your chances of receiving fair compensation for your pain and suffering. Here’s how:
- Negotiating with Insurance Companies: Insurance companies are often more willing to offer a fair settlement when they know you have legal representation. A skilled attorney can negotiate on your behalf, pushing back against low offers and presenting a strong case for higher damages.
- Building Your Case: Your attorney will gather evidence, consult with medical experts, and prepare detailed arguments to show the extent of your pain and suffering. This includes collecting medical records, witness statements, and any other documentation that supports your claim.
- Calculating a Fair Amount: Knowing how much to ask for in pain and suffering damages requires experience. Your attorney can estimate a fair range based on the specifics of your case by speaking with economics experts and consulting with your medical team to obtain functional capacity evaluations and life care plans. They’ll fight to make sure the insurance company does not undervalue your claim.
- Taking Your Case to Court: While many personal injury cases settle before trial, your attorney will be prepared to take your case to court if needed. If the insurance company won’t agree to a fair settlement, a lawsuit might be the best way to secure the compensation you deserve.
Contact an Experienced Car Accident Lawyer Today
If someone caused a car accident in Colorado that severely injured you or a close family member, Franklin D. Azar & Associates, P.C. is here to help. With decades of experience advocating for accident victims across Colorado, our personal injury lawyers understand what it takes to secure the compensation you need. Whether you’re just starting your claim or facing resistance from an insurance company, our team will guide you through the process and fight zealously for your rights and best interests.
Don’t let insurance companies undervalue your suffering. Contact Franklin D. Azar & Associates, P.C. today for a free consultation. We understand the considerable hardships you’re experiencing, and you can rely on us for compassionate, personalized attention and aggressive representation to improve your odds of getting the most for your pain and suffering damages.
You have only two years in Colorado for your attorney to file a personal injury lawsuit on your behalf–three years for injury claims involving motor vehicles. Don’t let valuable evidence disappear and don’t risk losing your right to seek compensation. Take action now and let us help you get all you need for the pain and suffering someone else’s negligence caused. You pay nothing upfront for us to handle your claim, and we only accept attorney fees if we obtain compensation for you.
