How is the Value of Pain and Suffering Determined in a Car Accident Case?
Car accidents can leave victims with physical, emotional, and mental pain. When filing a personal injury lawsuit, there are many ways to receive compensation. Damages for pain and suffering are common for victims with severe trauma. It can be difficult to understand the assessment of pain and suffering damages towards someone who has been involved in an accident.
Pain and suffering damages cover the physical, mental, and emotional stress that a victim experiences because of the injuries that were sustained in the accident. Physical stress includes treatment, therapy, and any surgery needed to fix the injury. Mental and emotional stress results from physical injuries. A claim for pain and suffering will grant a victim these damages, as well as medical costs and lost wages.
Pain and suffering can be difficult to prove. Pain tolerability is different for everyone, making it hard to calculate how much a victim should get for what they are experiencing. To secure damages for pain and suffering, one must have a valid claim. A lawyer can help determine whether a victim has efficient enough evidence and a valid claim before they file. All pain must be associated with the injury sustained from the accident that was caused by a negligent party.
How is Pain and Suffering Calculated?
There are two separate types of pain and suffering that can accompany a car accident claim. The first is for physical pain, and the second is for mental trauma due to a physical injury. Damages for pain and suffering can be difficult to calculate, given that it is not something tangible. There is no universal way to calculate pain and suffering, but lawyers and insurance companies usually use one of two ways:
Multiplier Method: This method multiplies the actual damages by a number ranging from one or more. The multiplier value is proportionate to the seriousness of the injury, the higher the multiplier, the worse the injury. The multiplier is chosen by a multitude of factors, including any aggravating circumstances, seriousness of the injury, how long recovery took, and whether the victim recovered completely.
Per Diem Method: This method uses a daily calculator to assess the value of damages, and then compensates the victim on a daily basis from the time of the accident to the time of recovery.
There are other methods that lawyers and insurance agencies may use, but these are the most common. Many people use both methods to get an estimate for the judge to decide on. Add or subtract amounts if there are other factors, such as a permanent injury or if the accident was partly the victim’s fault.
To determine how much compensation one is owed, it is important to speak to a lawyer. A lawyer will determine the rightful amount of damages.
Washington, D.C. Car Accident Lawyers at the Law Offices of Duane O. King Help Car Accident Victims Receive Damages for Pain and Suffering
If you were involved in a car accident and need to file for pain and suffering, one of our dedicated Washington, D.C. car accident lawyers at the Law Offices of Duane O. King can help you. Call us at 202-331-1963 or contact us online for a free consultation. Located in Washington, D.C., we serve clients throughout Prince George’s County, including Laurel, Beltsville, Adelphi, College Park, Greenbelt, Mitchellville, Woodmore, Greater Upper Marlboro, Springdale, Largo, Bowie, Capitol Heights, District Heights, Forestville, Suitland, and Seat Pleasant, Clinton, Oxon Hill, Temple Hills, and Fort Washington.