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How Pain and Suffering is Assessed After an Auto Accident  

Auto accidents can have long-term effects beyond immediate medical expenses and car repairs. Many victims find themselves dealing with chronic conditions or even permanent disabilities.  

If you’ve been injured in a car accident caused by someone else’s negligence, you are legally entitled to compensation for your losses — including any physical, mental, or emotional distress caused. However, while medical bills and property losses are straightforward to calculate, it’s much harder to place a dollar value on subjective damages like pain and suffering.  

As lemon lawyers in California, we’ve seen many clients struggle after an accident caused by a defective vehicle. 

In this post, we’ll dive into the details to help you better understand the process.

The Definition of Pain and Suffering in a Car Accident  

Generally, ‘pain and suffering’ falls into two categories:  

  • Physical pain and suffering refers to the actual injuries and the discomfort they cause.  
  • Mental anguish covers the emotional distress that comes with those physical injuries.  

Both fall under what the law calls “general damages.”  

Unfortunately, you cannot see pain in a person. A doctor may notice things like limited movement or tenderness in certain areas, but these are only clues to the pain you’re experiencing.  

Even if it’s clear that someone is in pain, figuring out how bad it is can be tricky. Everyone handles pain differently. One person might head straight to the ER in the middle of the night, while another with the same injury could grab some over-the-counter meds and power through.  

Certain injuries, like broken bones, naturally come with an expectation of pain. We know that fractures require medical attention, sometimes even surgery, and involve a lengthy recovery process with casts or, in serious cases, metal pins or screws. These injuries almost always result in significant physical and emotional suffering throughout recovery.

However, some injuries- like whiplash or muscle strains- don’t show up on medical scans. Yet, anyone who has experienced them knows the pain can be just as intense and debilitating.

So, how is your pain quantified?

How is Physical Pain Assessed in a Car Accident  

Several factors help evaluate physical pain in an auto accident.  

Severity of the Injury

The more serious the injury, the higher the potential compensation. For instance, a broken leg or permanent disability is likely to result in greater compensation than a minor sprain or bruise.

Duration of Pain

Chronic pain or conditions requiring ongoing treatment are generally compensated more than injuries that heal quickly.

Type of Treatment

The kind of medical care you need also plays a major role. If your injuries require surgeries, regular physical therapy, or long-term prescription medications, it highlights the seriousness of your condition and, consequently, the intensity of your pain.   

How is Emotional Pain Assessed in a Car Accident  

The trauma of a car accident doesn’t always end once your physical injuries heal. You may experience anxiety, depression, or develop post-traumatic stress disorder (PTSD). These mental and emotional scars are just as real as physical ones, and they’re factored into your pain and suffering claim.  

Psychological Impact: If you have been diagnosed with a mental health condition as a direct result of the accident, a mental health professional may explain how your life has changed since the crash- and why you deserve to be compensated.

Impact on Daily Life: Are you afraid to drive now? Do you find it hard to get through everyday tasks because of the emotional toll? Experiences like these can increase the value of your pain and suffering claim.  

Loss of Enjoyment: Maybe you were an avid runner or loved to dance before the accident, but now those activities are impossible. Losing out on things that used to bring you joy is considered emotional suffering, and it’s something you can claim compensation for.  

How is Pain and Suffering Calculated?  

Because pain and suffering don’t come with a clear price tag, they are typically calculated using one of two methods.  

Multiplier Method  

The most common method for calculating pain and suffering is to add up your medical bills and multiply that total by a number between 1.5 and 5. The exact multiplier depends on a few key factors:

  • The severity of your injuries  
  • Your chances for a quick and full recovery  
  • How your injuries affect your everyday life  
  • Whether the other party was clearly at fault for the accident  

In most settlement negotiations, the multiplier is often the main sticking point. You’ll likely aim for a higher multiplier to reflect the full extent of your suffering, while the defendant—or more specifically, their insurance company—will push for a lower multiplier to minimize the compensation they have to pay.

Per Diem Method  

Another method for calculating pain and suffering is the ‘per diem’ approach. ‘Per diem’ simply means ‘per day’, and the idea is to request a specific dollar amount for each day you’ve endured pain and discomfort due to the accident.  

The tricky part of this method is justifying the daily rate you choose. A reasonable way is to use your daily earnings as a benchmark. The argument here is that having to deal with the pain caused by your injuries every day is at least comparable to the effort of going to work.  

Factors That Can Affect Your Claim  

Not all pain and suffering claims are equal. Here are some key elements that can affect the value of your claim.  

Credibility  

Insurance companies and courts will closely examine how consistently you describe your injuries and their effect on your life. If your story changes or seems exaggerated, it could harm your claim. It’s best to be honest and clear about your distress right from the start.  

Medical Evidence  

Medical records, regular visits, prescribed treatments, and medication all serve as solid proof of the pain and suffering you’ve endured. The lack of regular treatment could lead to the assumption that your injuries aren’t as serious as claimed.  

State Laws  

Another thing to keep in mind is the legal environment in your state.  Some states place caps on non-economic damages like pain and suffering, which can limit the compensation you’re entitled to, even for serious injuries.

But if your accident was caused by a defective vehicle, your state’s lemon law can offer additional support. Lemon laws protect people who’ve bought or leased cars that are unsafe or constantly breaking down. 

For example, if your car qualifies as a lemon under CA lemon law, you may be able to hold the manufacturer responsible for your distress. This could help you get compensated for the faulty vehicle and for your pain and suffering. 

What Can You Do to Strengthen Your Claim?  

So, how can you make sure your pain and suffering are fairly assessed?   

    1. Document Everything: Keep track of all your medical appointments, treatments, and prescriptions.   
  • Ensure Transparency: Don’t exaggerate your injuries or emotional suffering. Be honest about what you’re going through.  
  • Hire an Experienced Lawyer: Always hire a knowledgeable personal injury attorney to present your case effectively and fight for your rightful compensation. 
  • Get Expert Opinions: In some cases, having expert testimony can bolster your claim. For example, a medical expert can testify about the long-term effects of your injuries, or a therapist can explain how the accident has affected your mental health.  

Final Thoughts  

There you have it: a guide to how pain and suffering are measured in auto accidents. Whether you’re facing ongoing physical pain, emotional trauma, or a combination of both, it’s important to know that the law acknowledges your pain—and so should those responsible. 

With the right legal support and solid evidence, you can secure the compensation you deserve and begin to move forward.