When the value of a car accident case is being determined, the injured person’s pain and suffering is taken into consideration. In this blog post, we will discuss what pain and suffering compensation is and the role it plays in someone’s car accident injury case.
Car Accident “Damages”
After a car accident, a victim can recover both economic damages and non-economic damages. Economic damages are ones that have a dollar amount attached to it. This includes medical expenses, cost to repair your car, and lost income. Non-economic damages are harder to attach a dollar amount to and may include pain and suffering, loss of enjoyment of life, and emotional distress.
Generally, pain and suffering will include all physical pain and discomfort that resulted from the accident. This includes pain after medical procedures as well.
Victims of car accident injuries should be able to receive at least some compensation for pain if the other drive is clearly at fault. In many cases that involve minor injuries, the insurance companies who are representing the at-fault driver will offer a small settlement for pain. If there were passengers in the car, they will also be offered something similar. So, the insurance companies are acknowledging pain, but will they offer enough?
How much should you get?
Again, placing a dollar amount on these non-economic damages can be difficult. There are, however, factors that can help when calculating compensation. They may include the following:
- How severe the car accident injury is
- Amount of pain you are experiencing
- What kind of impact your injuries have had on your everyday life (work, relationships, hobbies)
- Medical treatment required because of the injuries
- Recovery time expected
- Pain medications needed
Calculating Pain and Suffering Compensation
While there are no laws that state how much an accident victim should be paid for pain, car accident lawyers and insurance companies have ways to negotiate a starting figure. One method is called the “per-diem” method. This uses a dollar amount for days lived with pain. The other is called the “multiplier” method. This is based on medical bills and lost income.
Negotiating With Insurance Companies
Insurance companies will not simply hand car crash victims money for their claim. You will most likely need to employ an experienced car accident attorney to negotiate for you. Injuries that are more serious have a potential for a larger settlement. It will also be harder for insurance companies to deny your demands.
Philadelphia Personal Injury Law Firm
If you or a loved one has serious car accident injuries due to negligence, you may be entitled to financial compensation that helps pay for medical expenses, loss of income, and pain and suffering. The Heslin Law Firm has helped injured victims in Philadelphia for over 30 years and employs top car injury lawyers who specialize in client care.
Call today for a free consultation. 215-332-0300.