After an accident, it’s not just the physical pain that gets to you. It’s the emotional strain, the frustration of not being able to do things you once could, and the constant worry about what comes next.
Of course, you can get compensation for your pain and suffering after a car accident, but the road to getting compensation isnโt always clear-cut. Pain and suffering, as an idea, might seem simple enough, but legally, it’s not as easy as just writing down a number for how much itโs worth.
By the end of this article, youโll have a clearer idea of what pain and suffering compensation might look like for your case and how to ensure you get the support and justice for all that you have suffered.
What Counts as Pain and Suffering?
We need to understand what exactly pain and suffering mean in legal terms. So, here are a few:
- Physical pain from injuries like broken bones, burns, or cuts.
- Emotional suffering, like feeling anxious, depressed, or having trouble sleeping.
- Inability to do everyday things that you took for granted before the accident, like going to work, driving, or even hanging out with friends.
- Loss of enjoyment in life, like not being able to play sports, go for walks, or enjoy hobbies you once loved.
- Scarring or disfigurement, which can have both emotional and physical impacts.
The Methods Lawyers Use to Calculate Pain and Suffering
To calculate how much money you might get, lawyers often use one of two methods:
Per Diem Method
This is where a daily dollar amount is assigned to each day you experience pain. So, if your lawyer decides your pain is worth $150 a day and youโve been dealing with it for 60 days, thatโs $9,000.
Multiplier Method
This method takes your medical costs and lost wages, then multiplies that total by a number between 1.5 and 5, depending on how severe your injury is.
For example, suppose your total medical bills and lost wages add up to $20,000, and the lawyer decides to multiply that by 3 because your injury is really severe. In that case, you could be looking at $60,000 in pain and suffering compensation.
How Much Money Can You Get as Compensation for Pain and Suffering?
Thereโs no set limit for how much compensation you can get for pain and suffering, but just because thereโs no limit doesnโt mean youโll get an unlimited amount of money.
The jury will ultimately decide how much you get. Theyโll look at things like how severe your injury is, how much your life has been affected, and even how long your recovery might take. If your case goes to trial, your lawyer will argue for the maximum amount of compensation you deserve.
But you should also know that sometimes the defendant (the person or company responsible for your injury) might offer a settlement before things go to trial. Theyโll try to settle out of court by offering you a certain amount of money.
Sometimes that offer is fair, and other times, itโs not. If you think the settlement offer is too low, your lawyer can help you decide whether to accept it or push for more.