How Pain and Suffering Is Determined in Auto Accident Cases
If you have survived a car accident, you might be wondering, what’s next? The aftermath of a crash can be confusing and overwhelming. However, a lawyer can help guide you through the legal proceedings and help you get compensation for your injuries and damages.
Depending on the case, car crash victims can claim damages for pain and suffering. Unlike medical expenses and vehicle repairs, this is non-economic damage. Pain and suffering are subjective, and it is more difficult to attribute a dollar value to such experiences.
Defining Pain and Suffering
There are different approaches to defining pain and suffering. Yet, doing so is a crucial stage in filing for compensation. Since we are dealing with the subjective universe, it is essential to establish common grounds with others involved in the proceedings by defining the terms.
A car accident lawyer in Richmond, Virginia, can help you throughout the process. From defining the terms to negotiating with the insurance company, an attorney can help protect your interest.
Physical Pain
Multiple causes can lead to pain (e.g., physical injury, stress, or illness), and each individual experiences it differently. For example, some people can push through a strain while others find it debilitating.
Scientists have established that we have different thresholds for pain. This plays a crucial role in our reaction to painful stimuli and how well we can tolerate discomfort. Car crash survivors often experience pain in relation to their injuries, including:
● Soft tissue injuries
● Head injuries
● Arm and leg injuries
● Whiplash
● Disfiguring injuries
It is important to note that pain spreads over a continuum. While pain may be triggered by the impact, it can extend over a long period, until the injury heals.
Emotional Pain
Pain is not always triggered by physical causes; it can also have an emotional root. This type of pain is often associated with feelings of:
● Anger
● Fear
● Anxiety
● Depression
● Grief
A common example of how physical and emotional pain are intertwined is experiencing intense headaches due to prolonged exposure to stress. This may as well happen after a car accident. The aftermath can be an intense period in which the survivor can feel overwhelmed by bureaucracy and other responsibilities.
Emotional Distress
Pain and suffering damages also cover emotional distress experienced by the victim. The negative impact left by a crash can take many forms. To claim compensation, first identify the problem.
You can do this by consulting a mental health specialist. During an initial consultation, they can help identify any underlying issues and start preparing a plan for you to recover. Diagnoses that often follow a collision include:
● Anxiety
● Depression
● Post-traumatic stress disorder (PTSD)
How Pain and Suffering Are Determined in Auto Accident Cases
Insurance companies use different methods to establish how much to award for pain and suffering. The outcome might differ depending on the method used.
The Multiplier Method
The multiplier method determines the amount of pain and suffering an injured plaintiff is entitled to by considering the injuries’ severity, medical history, and compensatory damages. For example, the driver’s penalty is calculated by multiplying the amount of harm caused by the injury.
The Average Method
The average award for a plaintiff is determined through cost figures placed on a scale according to the severity of injuries. This calculation is based on medical costs, lost wages, medical expenses, and impairment, according to medical guidelines about various types of damages.
The average method is applied to various injuries, including those that are not necessarily serious or debilitating, such as whiplash. It is used in cases where the multiplier method does not apply.
The Pain Threshold Method
The pain threshold method involves examining the nature of pain that someone’s injuries cause, plus or minus any mitigating circumstances, to determine if a plaintiff has sustained painful injuries worth a certain dollar value.
This is a subjective method that can be applied to cases involving virtually any type of injury, so long as the plaintiff’s pain caused by the accident is substantial.
The Per Diem Method
The per diem method is used to determine the amount of pain and suffering awarded during specified time frames. The theory behind the per diem method is that when a patient experiences pain and suffering after being treated, they will be entitled to additional reimbursement at an hourly rate.
How to Build a Strong Pain and Suffering Claim
One of the main ingredients of a strong claim is evidence. Try to collect as much data as you can at the crash site. Document the scene, the damages to the vehicles, and your injuries, as these photos and videos will help support your arguments.
Further, keep any documents related to your physical injuries and psychological distress. This includes bills, receipts, test results, and even proof of appointments. Since non-economic damages are harder to prove, having evidence will help you paint a clearer picture of what you are experiencing.
An experienced personal injury lawyer will pursue all legitimate legal avenues to help recover the damages you need. If you have been involved in an auto accident, you should contact an attorney immediately to assist with your case.
Let an Attorney Help You
If you are experiencing pain and suffering after a car accident, you can claim compensation with the help of an attorney. They will guide you through the legal process and help you find the justice you seek. Knowing that your problems are being handled by an expert should relieve some stress.
Take the time you need to heal the physical and emotional wounds and let your lawyer handle the bureaucracy. It is equally important to seek help for physical and psychological scars. So, consult a physician to seek treatment for any injuries you suffered in a crash, and talk to a trained psychologist to help resolve any emotional problems you may be facing.
