After a car accident, many injured individuals focus primarily on immediately obvious and visible concerns, like medical treatment, vehicle repairs, or lost wages. Unfortunately, they may overlook the significant impact the accident has on their emotional and physical well-being. It can be difficult to recognize and consider pain, distress, and discomfort, but these losses present their own challenges. Thankfully, you can pursue compensation to cover them. But how is pain and suffering calculated? There are several elements of seeking a pain and suffering settlement for a car accident that can affect your claim.
What Is Pain and Suffering?
Pain and suffering refers to the physical, emotional, and psychological distress a person endures as a result of an injury. It’s often used to describe losses that go beyond measurable losses like medical expenses or lost wages, and you can pursue compensation for pain and suffering in a personal injury claim.
How Do You Calculate Pain and Suffering?
How is pain and suffering calculated in an auto accident? There is no fixed, singular formula for how pain and suffering is calculated. Still, there are two main methods that attorneys and insurance adjusters commonly rely on:
- The Per Diem Method – This method assigns a daily dollar amount to your suffering and multiplies it by the number of days you’ve endured pain and discomfort.
- The Multiplier Method – This method multiplies your tangible losses, such as medical expenses and lost wages, by a number, usually between 1.5 and 5. The selected multiplier is based on factors like the severity of your injuries, their impact on your life, and duration of recovery.
How Is Compensation Calculated for Pain and Suffering?
Regardless of the method used to calculate pain & suffering from an auto accident, there are critical factors to consider, including:
- Injury Severity – The severity of an injury plays a significant role in terms of pain and suffering. More serious injuries, such as concussions, spinal cord injuries, amputations, and partial or total paralysis, often require more extensive medical treatment and rehabilitation. They may also result in long-term or permanent disabilities. This can lead to pursuing higher compensation amounts than is necessary for minor injuries.
- Recovery Duration – The duration of the recovery process is another crucial factor to consider. The longer it takes you to recover, the more compensation you may need. Short recovery times might suggest that the pain and suffering are less severe, while prolonged recovery periods often indicate greater distress and suffering. In some cases, recovery may not be fully attainable, leading to life-long pain or discomfort.
- Impact on Daily Life – The effect an injury has on your daily life can majorly impact pain and suffering calculations. Injuries that disrupt everyday activities, such as the inability to perform basic tasks like cooking, cleaning, or driving, can cause ongoing issues. The greater the injury’s impact on your quality of life, the more compensation you may need to cover this loss.
- Quantity and Quality of Evidence – The amount and quality of evidence you can present to demonstrate the extent of your pain and suffering matters. The more evidence you can gather to prove the comprehensive impact of the injury on your life, the stronger your case can become.
How Do You Prove Pain and Suffering?
Proving pain and suffering requires presenting evidence that demonstrates the physical, emotional, and psychological impact of the injury on your life. To pursue compensation, It’s crucial to know how to prove pain and suffering through detailed documentation, including:
- Medical Records – Documents like doctor’s notes, hospital reports, and diagnostic imaging show the extent of your injuries and ongoing treatment.
- Personal Journal – A daily diary tracking your pain levels, emotional struggles, and limitations helps illustrate the day-to-day impact of the injury.
- Photos and Videos – Visual evidence of your injuries and showing difficulty performing tasks can make a strong impression.
- Employment and Lifestyle Impact – Evidence of lost workdays, reduced earning capacity, or job termination shows how the injury has disrupted your career. Collect proof highlighting how the injury hinders hobbies, family activities, or social activities impacting your life.
Tips for Documenting Your Pain and Suffering
Effectively demonstrating your pain and suffering is the cornerstone of your claim to make insurers fully understand how you’ve had to deal with life after the accident. With careful documentation and the right approach, you can strengthen your case. Be sure to:
- Keep a Pain Journal – Maintain a daily or weekly journal documenting your pain. Record the severity, location, and type of pain you experience. Note how your injuries affect you across various areas of your life, such as your ability to work, take care of yourself, care for your family, and engage in recreational activities.
- Take Photos – Take pictures of any visible injuries immediately after the accident and use videos to demonstrate mobility limitations. This visual proof of your restrictions is powerful and shows how deeply the injury affects you.
- Get Statements from Family, Friends, and Co-Workers – Ask those who have witnessed the impact of your injuries firsthand to write statements about their observations. They may have noticed changes in your mood, behavior, or abilities you may not be aware of or be able to fully express yourself.
- Call a Skilled Car Accident Attorney – Contact a car accident lawyer with experience dealing with car accident injuries. They can help you identify which elements of your case can best demonstrate the injury’s impact on your life. They’ll leverage these factors to negotiate with insurance companies or fight in court for the compensation you need.
Contact an Experienced Dallas Car Accident Attorney Today
How is pain and suffering calculated in a car accident? At Benton Accident & Injury Lawyers, we believe calculating the compensation you need is done by listening to your story and your needs. We work diligently to collect every piece of evidence we need to argue for the maximum possible compensation you deserve. Our skilled car accident lawyers fight to prepare clients for the rest of their lives. We’re happy and eager to do the same for you. Contact Benton Accident & Injury Lawyers today at (214) 777-7777 to get started.