Car Accident Pain and Suffering: How to Get Compensation

Were you recently injured in a car accident that wasn’t your fault? If so, you are probably wondering what kind of damages you can receive and how people calculate them.

Damages in a personal injury claim are in two different categories: economic and non-economic.

Economic damages consist of quantifiable costs related to your injuries. This includes lost wages, medical expenses, and any other expenses related to your injury. Calculating these is easy.

Calculating non-economic damages isn’t as easy. These damages include elements like pain and suffering, loss of enjoyment, and emotional trauma. Such damages are subjectively evaluated by a jury or by an insurance company that is paying out on a policy.

With a lawsuit, compensation for car accident pain and suffering is possible.

Learn how our experienced auto accident lawyers can help you by calling (800) 433-2408 or sending an online message today. We offer free consultations.

Personal Injury Settlement Calculators

Some personal injury attorneys have settlement calculators on their websites, but use them with caution since they’re not accurate. A personal injury or car accident pain and suffering calculator often fails to take the essential details of your case into account. This lack of personalization can have a detrimental effect on accurately estimating the amount of damages to which you are entitled.

For instance, if you are an avid tennis player who broke their wrist in a car accident, your loss of enjoyment will be greater than someone who prefers to watch television. You deserve compensation for that loss. Your personal injury attorney’s job is to ensure that fact is considered when it comes time to settle the case.

Pain and suffering works much the same way in a personal injury settlement.

In fact, loss of enjoyment and emotional trauma are both kinds of pain and suffering. Those who suffer serious injuries in a car accident may have difficulty sleeping, have flashbacks of the incident, and be in physical pain. When these are all caused by the negligence of another driver, that driver is liable for those damages too.

How Is Pain and Suffering Calculated? 

Pain and suffering can be challenging to quantify, but you deserve compensation for your anguish. Also, pain and suffering can amount to a significant portion—or the majority—of your recovery. 

What Is Included in Pain and Suffering? 

What do you ask for in a pain and suffering settlement amount? 

Payments for your pain and suffering are non-economic damages that should cover the following: 

• Physical pain and suffering,
• Loss of consortium,
• Mental or emotional pain and anguish,
• Disfigurement,
• Loss of companionship and society,
• Inconvenience,
• Injury to reputation,
• Physical impairment,
• Loss of enjoyment of life, and
• Any other non-pecuniary losses.

And how do you justify pain and suffering settlement amounts? Keeping regular, detailed notes; presenting medical records; producing work history documents; displaying receipts; and utilizing witness testimony about the pain and life changes you have endured can help you prove your case in court and at the negotiation table. 

Calculation Methods for Pain and Suffering

Many attorneys (including Texas attorneys and courts) use either the multiplier method or the per diem method to calculate pain and suffering. Using either method can be complex, so calculations should be handled by a skilled personal injury lawyer.  

The Multiplier Method

Under the multiplier method, your lawyer rates your pain and suffering on a scale. Usually, the scale gives a “one” rating to milder injuries and a “five” rating to the most severe injuries. The lawyer then multiplies your economic damages (actual financial losses) by the number used to rate your injury and adds it to your award. This becomes easier to understand with pain and suffering settlement examples. 

Imagine a plaintiff who was in a car accident and lost the use of their dominant arm for six months. They incurred a total of $100,000 in economic damages from medical bills and wage loss. Because of the amount of time it took for the plaintiff to heal and return to work, their attorney assigned their pain and suffering a “four” rating. This means that the attorney would multiply the plaintiff’s economic damages by four (a total of $400,000) and add the result to their economic damage award ($100,000 plus $400,000). In this scenario, the plaintiff could recover $400,000 in non-economic damages and a total of $500,000 for all compensatory damages.  

The Per Diem Method

If a legal professional chooses to use the per diem method to calculate pain and suffering, they determine a compensation rate you should receive for each day you have spent in recovery. This method can be more beneficial to you when you do not incur significant economic damages from your injury.

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Who Pays for Pain and Suffering in a Car Accident?

The at-fault party is financially responsible for the harm they cause you. In addition to an at-fault party, you can seek compensation from the party’s auto insurance and, sometimes, their employer. However, insurance companies pay a significant number of pain and suffering settlement amounts.

The Role of Insurance Companies

In Texas and New Mexico, an individual’s insurance company pays for the majority of the settlement.

Both states require individuals to carry minimum liability insurance. The at-fault party’s insurance company will max out in serious car accidents. In both states, however, an injured driver can sue that at-fault driver directly.

In some cases, the at-fault driver may not have significant funds on which to draw, which means you may be out of luck.

However, those with assets who carry liability insurance tend to have very high policy limits as a way to shield their assets. Their insurance companies, however, will generally not offer you much in the way of recovery for non-economic damages.

That’s why you must have a Texas or New Mexico car accident attorney litigate your claim. Your attorney will prepare your case in the event that the insurance company wants to argue in front of a jury. Typically, they don’t. 

Remember that they also have a responsibility to the policyholder to ensure the best possible outcome for them.

Fadduol, Cluff, Hardy & Conaway Will Maximize Your Claim

If you’ve been injured by a negligent driver, the car accident attorneys at Fadduol, Cluff, Hardy & Conaway will ensure you get as much as possible for your non-economic damages.

Give us a call at (800) 433-2408 or contact us online to set up a free consultation.