How Is Pain and Suffering Calculated in a Car Accident Case? | Car Accident Lawyers | Ben Crump

Insurance companies often use the multiplier method or the per diem method to calculate pain and suffering in a car accident case. Putting a dollar value on pain and suffering damages is a complex process because this category of non-economic award is less tangible than, say, medical expenses or repair bills, and therefore more difficult to prove.

The aftermath of a car accident can mean a trip to the emergency room, imaging tests, possible surgeries, and days, weeks, or even months of pain and recovery. Your injuries can leave you with physical and emotional scars. You’ll want to know how your insurance company will calculate pain and suffering in your car accident.

Reading: How does insurance calculate pain and suffering

defining pain and suffering

pain and suffering describes the physical or emotional trauma caused by an accident and the resulting injuries. the crash may have left you with a neck or back injury that prevents you from enjoying the activities you used to do. perhaps you were burned in the accident and now have a permanent disfigurement or scar. the traumatic experience may have left you unable to sleep.

Any of these injuries can cause lifelong physical and psychological injuries that can be difficult to quantify. How pain and suffering is calculated in a car accident case is critical to the compensation you could receive in an insurance claim or personal injury lawsuit.

how the insurance company calculates pain and suffering

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The insurance company will look at several factors to determine the amount of monetary damages to award for your pain and suffering after a car accident.

seeking medical care after a car accident

Symptoms of injuries such as whiplash, neck or back sprains, or concussions can take days to appear. If you don’t seek medical treatment after the accident, chances are the insurance company won’t place much value on your injury. If you did not see a doctor immediately after the accident, you may want to make an appointment to have a doctor evaluate you for late symptoms and document your injuries. This documentation will be important to any personal injury claim you may bring against the at-fault driver.

evidence to be reviewed by the insurance company

As part of your personal injury claim, the insurance company will have access to your medical records. If you took time off from work or school to see a doctor for your injuries, this would help validate your claim. It also applies to lost wages due to time you missed your job to recover from your accidental injuries.

The insurance company will review certain records related to your case to help determine a monetary value for your pain and suffering, including:

  • medical records
  • medical bills
  • photographs of your injuries
  • prescription drug costs
  • receipts for over-the-counter medications or assistive medical devices (for example, crutches or wheelchairs)
  • employer documentation of time missed from work
  • It’s best to keep all of your accident records, receipts, and documentation in a safe place that you can easily access.

    using the multiplier method

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    Putting a price on your pain and suffering can be challenging. Many insurance companies use the multiplier method to calculate these intangible damages. the multiplier method is an equation where you add up the actual damage and multiply the total by a number between 1.5 and five. the number you multiply by (the multiplier) indicates the level or degree of your pain and suffering.

    For example, if you sustained significant injuries, such as permanent disability, your multiplier would be close to five to determine your pain and suffering damages. the more severe the injuries, the higher the multiplier used to assign a monetary value to your mental and emotional distress.

    using the per diem method

    Insurance companies less often use the viatical method to determine pain and suffering damages. this method assigns a dollar value for one day of damages (usually a day’s pay), then multiplies it by the number of days your injuries affected you.

    time limits for personal injury lawsuits

    If you choose to seek compensation for the injuries and losses you suffered in a car accident, keep in mind that there are time limits for filing a personal injury claim. Each state has its own statute of limitations for lawsuits filed in civil court. It may be a good idea to consult with a personal injury attorney in your area to make sure you don’t lose your right to seek compensation for missing critical deadlines.

    contact ben crump law, pllc

    If you or a loved one was injured in a car accident due to the negligence of another driver, you may be eligible for compensation for medical bills, lost wages, and pain and suffering. The team at Ben Crump Law, Plc, can help determine liability and how pain and suffering is calculated in your car accident case. Contact a car accident attorney to discuss the details of your case. we’re here for you and don’t shy away from tough cases.

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