Determining Pain and Suffering Damages After a Car Accident
If you've been injured in a car accident caused by someone else's negligence, you may be entitled to compensation for your medical bills, lost wages, property damage, and pain and suffering. While economic damages like medical expenses and lost income are relatively straightforward to calculate, putting a dollar amount on non-economic damages like pain and suffering is much more challenging.
As an experienced car accident attorney, one of the most common questions I get from clients is "How much should I get for pain and suffering after my accident?" The answer depends on the unique facts and circumstances of each case. However, there are some general principles that can provide guidance on what to expect.
What Are Pain and Suffering Damages?
First, it's important to understand what pain and suffering damages are intended to compensate. In the context of a personal injury claim, "pain and suffering" refers to the physical pain, emotional distress, inconvenience, and loss of enjoyment of life caused by the accident and resulting injuries.
Some examples of factors that may be considered when evaluating pain and suffering include:
- The severity and duration of your physical pain and discomfort
- The impact of your injuries on your ability to perform daily activities and enjoy hobbies
- Emotional trauma like depression, anxiety, PTSD, etc. related to the accident
- Disfigurement or permanent impairment/disabilities caused by the injuries
- Overall disruption to your life and relationships
Pain and suffering is highly personal and subjective. Two people with similar injuries may experience the effects very differently. That's part of what makes these non-economic damages so difficult to quantify.
Methods for Calculating Pain and Suffering
There is no definitive formula or calculator for pain and suffering damages. Different attorneys and insurance companies may use different methods to come up with a ballpark figure. Here are a few common approaches:
1. The Multiplier Method
One frequently used calculation is to add up the economic damages (medical bills, lost wages, etc.) and multiply that total by a number between 1.5 and 5, depending on the severity of the injuries. For example:
- $50,000 in medical bills and lost wages x 1.5 = $75,000 in pain and suffering (for less severe injuries)
- $50,000 in medical bills and lost wages x 5 = $250,000 in pain and suffering (for more severe or permanent injuries)
The idea is that more serious injuries warrant higher pain and suffering awards. However, the multiplier is a very rough estimate. There's no magic objective number that applies in every case.
2. The Per Diem Method
Another approach is to assign a dollar value to each day from the accident until you reach maximum medical improvement (MMI). This "per diem" amount is meant to reflect the daily impact of the injuries on your life.
For instance, your attorney might argue that $200 per day is reasonable to compensate for your pain and inconvenience. If you reach MMI 300 days after the accident, the pain and suffering calculation would be:
- $200 x 300 days = $60,000
Again, the per diem amount is subjective and disputable. The at-fault party's insurer will likely argue for a lower number.
3. Comparable Verdicts or Settlements
Your lawyer may also look at jury verdicts or settlements in similar cases to gauge an appropriate pain and suffering amount. Attorneys have access to databases of past case results that can provide data points, while taking into account the venue, type of injury, patient characteristics, and other key factors.
However, this method is also imperfect, as each case is unique. Even if another case looks comparable on paper, the plaintiff may have come across more or less sympathetic to the jury. The skill of the attorneys on both sides makes a difference as well.
Factors That Affect Pain and Suffering Compensation
No two car accident claims are exactly alike. Here are some of the many variables that can impact the pain and suffering component of your personal injury settlement or verdict:
1. Injury Severity
In general, more severe injuries lead to higher pain and suffering awards. Permanent, lifestyle-altering impairments tend to be valued more highly than injuries that heal completely, even if the recovery process is lengthy and arduous.
2. Consistency and Credibility
To recover substantial compensation for pain and suffering, you need strong evidence documenting your experience and the overall impact of the injuries on your life. The more credible you are as a plaintiff, the better.
It's important to seek prompt medical treatment, attend all doctor appointments, comply with your treatment plan, and be forthcoming with your healthcare providers about your symptoms and limitations. Gaps in treatment or conflicting statements can hurt your case.
3. Impact on Your Life
How have the accident injuries affected your daily life, relationships, work, and overall wellbeing? The more the injuries have disrupted your life, the stronger your claim for pain and suffering damages.
Keeping a journal documenting your recovery, physical pain levels, and emotional state can help paint a picture. Testimony from family and friends can also bolster your case.
4. Your Personal Characteristics
While it may not seem fair, personal characteristics like age, occupation, family responsibilities, and even likeability factor into pain and suffering calculations. Permanent impairment to a young parent or high-earning professional may be valued more highly than a similar injury to an older retiree. An honest, articulate, relatable plaintiff tends to do better than someone who comes across as abrasive or non-credible.
5. Venue and Jury Pool
Location matters too. Some venues are known to be more conservative with personal injury awards, while others tend to be more plaintiff-friendly. The makeup of the jury also plays a role, as different people bring their own life experiences and views on personal responsibility to the table.
6. Available Insurance Coverage
In settlement negotiations, the size of the at-fault driver's auto insurance policy can act as a practical ceiling for pain and suffering compensation. It's difficult to collect money beyond the policy limits unless the defendant has significant assets. Underinsured/uninsured motorist coverage on your own auto policy provides additional protection.
7. Shared Fault
If you were partially to blame for causing the accident, that reduces your pain and suffering recovery in proportion to your percentage of fault. For example, if you are found to be 30% at fault, you can only recover 70% of your pain and suffering damages. An experienced attorney can help minimize allegations of comparative negligence.
Case Example: Serious Accident with Permanent Back Injury
To illustrate how these factors might play out, let's look at an example. Suppose you are a 35-year-old accountant and mother of two young children. You are rear-ended by a distracted driver, causing a severe back injury that requires surgery and extensive rehabilitation.
A year after the accident, you continue to experience chronic pain and reduced range of motion. Your doctor assesses you with a permanent partial disability that will impact your ability to work and care for your kids. The injury has also caused significant depression and put a strain on your marriage.
Your economic damages, including medical bills and lost wages, total $250,000. Assuming a multiplier of 4 given the severity and permanent nature of your impairment, your attorney might value the pain and suffering component at $1,000,000 for settlement purposes.
However, the at-fault driver's insurance policy has a $500,000 limit. Your lawyer may need to get creative to maximize your financial recovery, such as by tapping your underinsured motorist coverage or exploring other sources of compensation.
The Importance of Experienced Legal Representation
As you can see, there are many moving parts when it comes to calculating pain and suffering damages. It's easy to feel overwhelmed, especially if you're trying to focus on your physical and emotional recovery.
That's where an experienced car accident attorney can make all the difference. At ERIC DICK LAW, I've helped thousands of clients navigate the personal injury claims process and fight for the compensation they deserve. Here's how I can help:
1. Conduct a Thorough Investigation
I'll gather all available evidence to build a strong case on your behalf. This may include accident reports, medical records, witness statements, expert opinions, and more. The more ammunition we have to demonstrate the extent of your damages, the better.
2. Handle Communications and Negotiations
I'll deal with the insurance companies so you don't have to. Insurers are notorious for undervaluing claims and using tactics to minimize payouts. I know their tricks and how to advocate for my clients' best interests in settlement negotiations.
3. Prepare Your Case for Trial
Most car accident cases settle out of court. However, I prepare every case as if it's going to trial. The insurance company needs to know that you have a lawyer who is ready, willing, and able to fight for you in front of a judge and jury if necessary.
4. Provide Guidance and Support
I'm here to answer your questions, explain your legal rights and options, and give you candid advice at every stage of the process. You can focus on getting better while I handle the legal heavy lifting.
5. Fight for Maximum Compensation
At the end of the day, my goal is to help you recover every dollar you're entitled to under the law. I'll use my experience, skills, and resources to build the strongest possible case for pain and suffering damages.
Contact an Experienced Houston Car Accident Attorney Today
In conclusion, there's no easy answer or set formula for calculating pain and suffering damages after a car accident. These non-economic damages are inherently subjective and case-specific. An experienced personal injury lawyer can evaluate your unique situation and give you a ballpark idea of what to expect.
If you or a loved one has been injured in a car crash in the Houston area, don't hesitate to reach out for help. The consultation is free, and we only get paid if we win your case. Call ERIC DICK LAW at (832) 207-2007 or contact us online to schedule your free case review today.
Disclaimer: The information provided in this blog post is for general informational purposes only and is not legal advice. Each case is unique, and you should consult with an attorney licensed in your state to get individualized guidance on your specific situation. Contacting us does not create an attorney-client relationship.