Understanding Pain and Suffering Damages in Auto Accident Claims

Serious car accidents often result in both physical and emotional trauma, causing significant pain to victims. Understanding pain and suffering damages is vital when dealing with the aftermath. These damages aim to compensate for more than just medical expenses and lost wages—they address the broader impact the accident has on your life.

Understanding pain and suffering damages and being able to calculate your losses can be challenging, particularly if you’ve never filed a personal injury claim before. We can help. Call Peake & Fowler at 803-788-4370 to set up a consultation now.

Types of Pain and Suffering

Pain and suffering can be divided into two main categories: physical pain and emotional suffering. Physical pain refers to injuries you can see and feel, such as cuts, bruises, broken bones, and even chronic pain. These injuries are often obvious and can be shown through medical records and doctor’s reports.

Emotional suffering, however, is more about the internal impact the accident has on your mental state. This can include mental health diagnoses like anxiety, depression, or PTSD. Emotional suffering can make it hard to enjoy life or even do daily activities. Both types of pain and suffering are important and can significantly affect your overall well-being.

To better understand the types of pain and suffering, consider the following points:

• Physical Injuries: These are the visible injuries you sustain during an accident. They can range from minor cuts and bruises to more severe injuries like broken bones or spinal damage. Physical injuries are often documented in medical records, making them easier to prove.
• Chronic Pain: This is ongoing pain that persists long after the accident. It can be a result of nerve damage or other complications and can severely limit your ability to work or enjoy life. Chronic pain is often harder to document but is equally important in pain and suffering claims.
• Emotional Distress: This refers to the psychological impact of an accident, such as anxiety, depression, or PTSD. Emotional distress can be debilitating and may require therapy or medication. Personal testimonies and mental health evaluations are crucial for proving emotional distress.
• Loss of Enjoyment: Accidents can affect your ability to engage in activities you once loved. Whether it’s a hobby, sport, or social activity, losing the ability to enjoy life can be a significant aspect of your suffering. This can be demonstrated through personal accounts and lifestyle changes.
• Impact on Relationships: Pain and suffering can strain your relationships with family and friends. The emotional toll can make it difficult to maintain healthy interactions, leading to isolation or conflict. Statements from loved ones can support claims of relational impact.

Calculating Damages

Calculating damages for pain and suffering can be tricky because it involves non-tangible losses. Unlike medical bills, there’s no clear price tag for pain and emotional distress. One common method used is the multiplier method. Here, the total of your actual damages, like medical expenses and lost wages, is multiplied by a number ranging from one to five. The exact number depends on how severe your pain and suffering are. The multiplier is applied to your damages to calculate your pain and suffering compensation.

Another approach is the per diem method, which assigns a daily value to your suffering and then multiplies that by the number of days you are expected to suffer. Factors such as the severity of your injuries, how these injuries affect your daily life, and your age and occupation can all impact the final amount. However, this method is less common than the multiplier method.

Proving Pain and Suffering

To prove pain and suffering damages effectively, you need strong evidence. Medical records are essential for showing the physical injuries you’ve experienced. These should be detailed and illustrate the extent of your injuries and the treatments required. Personal testimony is also valuable, offering a firsthand account of how the accident has impacted your mental and emotional well-being. Keeping a daily journal that notes your pain levels, emotional difficulties, and any therapy or counseling sessions can further support your claim. This journal helps paint a clear picture of your struggles, making it easier to prove the emotional toll the accident has taken on your life.

In general, the more evidence you can provide, the better. Insurance companies know that this is an area where it’s hard to prove what you’ve experienced, and they use that as an opportunity to lowball you on this part of your compensation.

Legal Help and Representation

Consulting with a lawyer can make a big difference when handling an auto accident claim involving pain and suffering. Lawyers experienced in personal injury law can help you understand your rights and the potential value of your claim. Many people worry about the cost of hiring an attorney, but most personal injury lawyers work on a contingency fee basis. This means they only get paid if you win your case, which can help reduce some of your financial stress.

Having a lawyer by your side can provide you with peace of mind and ensure you get the best possible outcome. They can guide you through complex legal procedures and negotiate with insurance companies on your behalf.

Choose Peake & Fowler—We Are Here for You

If you’ve been injured in a car accident, the team at Peake & Fowler is ready to advocate for you and your right to seek compensation. Take the first step now by setting up a consultation, where we’ll discuss your accident, injuries, and next steps. Just give us a call at 803-788-4370 or fill out our online contact form.