How Are Pain and Suffering Damages Calculated in a Car Accident Claim?

find out how pain and suffering damages are evaluated

Car accidents cause painful injuries and significant emotional and mental trauma. Some accident victims have recurring nightmares. Others are afraid to get into a car. And many must deal with chronic pain or permanent scars on their body. With the help of an experienced Ellenwood car accident lawyer, you can obtain fair pain and suffering damages.

But how does an attorney evaluate these damages? Let us discuss the most important factors that an attorney takes into account in making the evaluation:

1. The Severity of the Injuries

Severe injuries take longer to heal and cause more pain and discomfort. Some of them will leave permanent scarring. Such injuries include:

  • Multiple fractures
  • Burns
  • Internal organ damage
  • Serious damage to soft tissues (cuts and lacerations)
  • Back and spine injuries
  • Head and brain injuries

The lawyer will evaluate both the present discomfort and the future impact of the injuries on your ability to enjoy life.

2. Long-Term Impact of the Injuries on Your Life

Some injuries result in permanent impairment. For instance, a severe knee or hip injury may not fully heal, reducing the range of movements and the functionality of the leg. The person may have to use a cane or walk with a limp for the rest of their life.

This is not just a medical issue, but also has a negative impact on a person’s mental and emotional wellbeing. The accident victim deserves pain and suffering damages reflecting the negative impact of the injuries on their quality of life.

3. PTSD and Other Mental Health Issues Triggered by the Accident

Not all types of injuries and suffering after a car accident have visible signs and scars. Many people who consult with an Ellenwood car accident lawyer confess that they experience anxiety, poor sleep, nightmares and a sense of dread whenever they have to get into a car.

car crashes cause painful injuries and mental anguish

These are symptoms of PTSD (post-traumatic stress disorder), a mental health problem with a severely debilitating impact on a person’s life. In the most severe cases, the person becomes isolated from everyone and unable to function properly at work and in society.

An experienced attorney will seek not only economic damages for the therapy and counseling session the person needs, but also pain and suffering damages for the mental anguish they have to endure.

4. The Impact of the Injuries on the Person’s Intimate Life

One of the important types of non-economic damages recognized by personal injury law is loss of consortium. This represents an inability to be intimate with the spouse or partner due to physical or psychological reasons.

This represents an important loss that affects not only the accident victim’s wellbeing, but also that of another person. Therefore, the lawyer will make sure that this type of suffering is included in the total non-economic damages.

5. Disfigurement

Some car accident injuries leave permanent scars on the face. This type of scarring is not only painful, but also has a strong negative impact on the person’s self-esteem and mental health.

Many people who suffer disfigurement develop extreme depression and anxiety, and may even reach the point of having suicidal thoughts.

Methods of Calculating Pain and Suffering Damages

Now, let us explain how your lawyer will effectively calculate non-economic damages. There are two accepted methods for this type of damages:

  • The per diem method (less often used): a daily amount is determined for pain and suffering and multiplied with the number of days until the person reaches maximum medical improvement
  • The multiplier method: the economic damages are multiplied with a factor ranging from 1.5 to 5, depending on the severity of the injuries

Reach Out to an Experienced Ellenwood Car Accident Lawyer!

The team of attorneys at The Weinstein Firm is dedicated to helping accident victims get fair compensation. We look beyond the economic damages and evaluate compassionately but realistically pain and suffering damages.

An experienced Ellenwood car accident lawyer is ready to help you obtain fair compensation after a car accident, so call us to schedule a free case review at 770-HELP-NOW!

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