When you are injured due to someone’s negligence, you can pursue compensatory damages. These damages aim to put you in the position you would have been in had you never been injured. Compensatory damages are split into two categories: economic and non-economic damages.
Economic damages are simple to calculate; however, non-economic damages, like pain and suffering, are much harder to determine. These damages are intangible, yet courts and insurance companies still assign value to them. There are two primary methods to calculate pain and suffering: (1) the multiplier method (2) the per diem method. These formulas are used by both courts and insurance companies to assign value to your pain.
When you are seeking an award for pain and suffering, you need extensive documentation to prove your case. An experienced New York City Car Accident Lawyer can ensure you have enough documentation to prove the extent of your pain and suffering.
Factors That Influence Pain-and-Suffering Compensation
Not all personal injury cases are worth the same, especially when it comes to compensation for pain and suffering. A variety of factors go into determining how much your pain and suffering is worth. Below are a few of the most common factors considered:
- Severity of Your Injuries: The number one factor when determining the value of your personal injury settlement is the severity of your injuries. The more severe your injuries, the more pain and suffering you have experienced, the more compensation you are likely to receive.
- Your Level of Culpability: If you are found to be even slightly at fault for an accident, your settlement can be significantly reduced. For example, if you are found 10% at fault, your award will be reduced by 10%.
- How the Injury has Affected Your Life: Insurance companies and courts will examine how the injuries have affected your overall health, comfort, and happiness. If the injury has left you unable to do things you enjoy, you can expect to be awarded a higher settlement.
- The Amount of Medical Treatment: The amount of medical treatment you receive will greatly affect the amount of compensation you get. If you have only gone to your doctor sporadically, your settlement will be lower than if you have had consistent, prolonged treatment.
- Loss of Income: If your injury prevents you from going to work, your lost wages can be factored into the award you receive. If you are permanently unable to work, you will get significantly more compensation.
- Length of Your Recovery: A longer recovery time usually leads to a high compensation amount. Since the time you spend healing tends to indicate a greater duration of pain and interruption to your life.
- Any Pre-Existing Injuries: If you have pre-existing injuries, the insurance company will likely argue that your injuries are not as severe as you claim. This frequently results in the insurance companies lowballing your settlement offer.
- Photographs of the Accident: Property damage is compensated separately from pain and suffering. However, photos of property damage will allow others to see what you experienced.
- Insurance Company’s Liability Limits: If the responsible party has a low liability limit, the insurance company will likely only pay a small amount, no matter how serious your injuries are. Conversely, if the party has a high liability amount, the insurance company is more likely to offer a larger settlement. If your damages exceed an insurance company’s limits, a well–versed personal injury attorney may still be able to get you the compensation you are owed.
Types of Pain and Suffering in a Car Accident
After being injured by a negligent party, victims can pursue compensation for pain and suffering. As pain and suffering is considered a form of non-economic damage, it does not have a specific monetary value. There are two types of pain and suffering: physical pain and emotional suffering.
- Physical Pain: These are actual physical injuries you obtained from the accident. Physical pain is meant to compensate you for the anguish and suffering caused by ongoing medical treatment, future surgeries, and any long-term physical impairments the accident left you with.
- Emotional Suffering: Following an accident, many victims suffer from emotional and psychological distress. Emotional suffering includes anxiety, depression, loss of enjoyment of life, and post-traumatic stress disorder (PTSD).
How Pain and Suffering Compensation Is Calculated
Pain and suffering does not have a concrete financial value. So, to calculate these damages, the courts, attorneys, and insurance companies either use the multiplier method or the per diem method.
Exploring the Multiplier Method
With the multiplier method, the victim’s economic losses, such as medical bills and lost wages, are multiplied by a factor usually ranging from 1 to 5, depending on the severity of the victim’s injuries. The biggest contention is determining what the multiplying factor should be.
For example, if the economic losses total $20,000 and a multiplier of 2 is deemed appropriate, the pain and suffering amount will be $40,000.
Exploring the Per Diem Method
The per diem method assigns a daily rate to your pain and suffering. This daily rate is then multiplied by how many days you have suffered as a result of your injuries. Deciding on the daily rate can be a point of dispute.
For example, if the daily rate is $100, and a victim suffers pain for 20 days, then the victim will be awarded $2,000 in damages for pain and suffering.
The Impact of Witness Testimonies
A witness can provide an impartial point of view and strengthen your personal injury claim. Their statements can corroborate the details of your account and validate your claims of pain and suffering.
Witnesses can also clarify key details and paint a more vivid picture of what happened. The human element of a witness’s testimony can make the case more compelling and relatable. A skilled Personal Injury Lawyer will know what questions to ask a witness to make their testimony impactful and make your case more persuasive to a fact-finder.
- Role of Eyewitnesses in Pain and Suffering Cases
Eyewitnesses are people who were present at the scene of the accident and observed what took place. Their account is invaluable since they were on site and can give a firsthand account of how the accident occurred. In car accident cases, an eyewitness can testify to the positions of the vehicles, who was at fault, and the devastation observable immediately after the crash. An eyewitness’s testimony can make the tragic nature of the accident real.
- How Expert Witnesses Can Validate Claims
Expert witnesses have specialized knowledge and expertise to explain the technical aspects of the case. These witnesses are often used to clarify the extent of a victim’s injuries, the recovery process, and the long-term impact of these injuries. Often, these experts are healthcare providers who have treated the injured party and can offer insights into the victim’s injuries and healing process. Their expertise lends credibility to the victim’s account of the extent of their injuries and how their injuries have caused them pain and suffering.
How Much Can I Expect to Receive for Pain and Suffering After a Car Accident?
The amount of money you may be awarded for pain and suffering after a car accident can vary widely. Your damages depend on the extent of your pain and suffering. In other words, it is based on how much you are personally affected by your injuries and pain.
Unlike many other states, New York has no cap on non-economic damages. Since pain and suffering are non-economic damages, New York allows for full compensation based on the unique details of each case.
Do You Need an Attorney to Help You Prove Pain and Suffering?
Legally speaking, you are not required to have a lawyer to sue for pain and suffering. However, the process is complex, and proving the extent of your pain and suffering is difficult. An experienced attorney will make sure you have the proof you need and will help you build the strongest case possible.
If you are dealing with injuries caused by someone else, you do not need to face the uncertain future alone. Insurance companies are not on your side. They will frequently pressure you into accepting a settlement far below what you deserve. A lawyer from Omni Injury & Accident Law, P.C. will be on your side. Contact us at (800)-318-8888 for your FREE consultation TODAY!