The particulars of your case will decide how much compensation you can seek for pain and suffering. Typically, if your accident-related injuries have significantly impacted your life and well-being, you can seek further compensation for this type of harm.

A free case evaluation from our legal staff is one of the best ways to learn how much you can seek for pain and suffering. We can tell you how much your case is worth.

What Is Meant By “Pain and Suffering”?

Pain and suffering is a broad category of damages that victims of personal injury accidents may recover from the at-fault party after an accident. It can cover a wide range of losses. The Legal Information Institute defines pain and suffering as “physical discomfort and emotional distress” that you can recover as part of your non-economic damages.

The definition of pain and suffering and what the category covers varies from state to state. However, in its most basic form, it includes physical pain and ongoing emotional suffering you will inevitably face after a car accident.

Factors That Indicate the Value of Your Pain and Suffering

The amount you can recover will depend on the circumstances of your accident and the injuries that you have sustained. Here are the factors that go into the calculation of your pain and suffering.

1. The Disability Caused By Your Injuries

If you are left with a disability as a result of your injuries or the injuries cause a permanent change in your life, your damages will be higher.

2. Your Ability to Work and Earn a Living

You will be able to recover for how your injuries have affected your ability to work. If you can no longer work or will not be able to work in the future, you can ask for compensation.

3. Your Capacity to Do Your Normal Hobbies and Activities

You will be able to recover for your loss of enjoyment in activities you used to enjoy before the accident. If you were an avid athlete who loved playing basketball, for example, if your injuries have stopped you from playing sports, you can seek compensation for that.

4. Your Independence

You can also seek compensation for your loss of independence. If you used to work, drive or go out regularly, but can no longer do that because of your injuries, you can seek compensation.

5. The Amount of Medical Treatment Needed to Treat the Injury

If you have to continue seeing a doctor or using medical equipment after your accident because of the injuries, you will be able to seek compensation for those costs. You can also seek compensation for the cost of any medications you need to take after the accident.

How Is Pain and Suffering Calculated After an Accident?

The way that pain and suffering is calculated varies from state to state. However, there are two main ways in which you can get compensation. These methods are known as the multiplier method and the per diem method.

The multiplier method bases your compensation on an injury-related multiplier. This is based on how severe the injury is, how much treatment is needed, the prognosis for recovery, and your age. This multiplier is applied to the amount of economic damages you are seeking for future earnings losses.

The per diem method bases the compensation on a per diem amount which is a daily amount that has been determined by the courts. What matters is that the daily monetary value be whatever amount the claimant may plausibly argue in favor of. For example, if someone gets minimum wage, the quantity of money they make each day may be tiny. However, if they are also the primary caregiver for numerous children and perform most home duties, their daily monetary worth might be significantly greater.

The more medical treatment or recovery time necessary for a vehicle accident injury, regardless of the calculating method used, the more money an insurance company will normally assign to pain and suffering. A more serious injury that necessitates additional medical attention and healing time will frequently be obvious in the claimant's medical records.

How Much Will I Be Compensated For My Pain and Suffering?

As you can see, calculating how much you will profit from your pain and suffering is difficult. Every situation is different, and while you may believe you are entitled to greater compensation for your suffering, you may be unable to obtain the desired settlement during talks with the insurance company. What you receive in compensation for your pain and suffering is largely determined by what you can fairly claim and show with legal assistance.

Lawyers and insurance companies evaluating your claim will have to take into account the amount of suffering you can prove, the severity of future suffering you will endure, and the significance of the at-fault party's mistake, whether they use the multiplier method, the per diem method, or a combination of the two.

In the end, you might obtain compensation for pain and suffering ranging from a few hundred to a few million dollars. The vast majority of instances will fall somewhere in the center, with you possibly earning tens or hundreds of thousands of dollars. It all relies on the facts available and the gravity of your case.

Conclusion

Lawyers and insurance companies evaluating your claim will have to take into account the amount of suffering you can prove, the severity of future suffering you will endure, and the significance of the at-fault party's mistake, whether they use the multiplier method, the per diem method, or a combination of the two.

In the end, you might obtain compensation for pain and suffering ranging from a few hundred to a few million dollars. The vast majority of instances will fall somewhere in the center, with you possibly earning tens or hundreds of thousands of dollars. It all relies on the facts available and the gravity of your case.

If you need an attorney for a car accident claim, we can help. Our attorneys and team members at Mendez and Sanchez Law are available to assist you in navigating the complex legal landscape as we pursue the compensation you deserve. Please contact us immediately regarding your injury, auto accident, workers' compensation, and other legal concerns.