How much you should ask for pain and suffering from a car accident will rest on the details of your situation.
Some elements that may factor into this amount could include:
- Whether the car accident resulted in the death of a loved one
- The severity of your injuries
- The amount of your economic damages
- The extent of your physical pain and emotional suffering
- The parties involved
During the financial recovery process, many personal injury claimants seek legal assistance. A lawyer can evaluate the elements of your situation to determine how much your pain and suffering-related damages are worth.
Pain and Suffering is a Noneconomic Damage
Pain and suffering can be difficult to calculate because it does not have a verifiable value. There is no set formula for calculating this expense, either. Each insurance company handles pain and suffering differently. For example, some insurance companies use what is known as the “per diem” method, which compensates you for each day that you suffered physical pain and emotional suffering. Other insurance agencies use a multiplier method. This formula first calculates your economic damages and then multiplies it by a number usually between 1.5 and 5.
Yet, insurance companies are not required to use these methods, and they may use different formulas than the ones we described above.
When you work with a personal injury lawyer, they can assess the value of your pain and suffering-related damages by:
- Considering how your injuries have affected your ability to work
- Determining whether you will have any lifelong impairments
- Consulting with a medical professional to gain further insight into your recovery time
- Calculating the cost of your economic damages
- Reviewing legal precedent
This is not meant to be an exhaustive list.
For a free legal consultation, call 877-239-4878
A Lawyer Can Help You Recover Compensation
Pain and suffering is sometimes used as an umbrella term to refer to different types of noneconomic damages. You may be able to recover the cost of these losses through an insurance claim or lawsuit. According to the American Bar Association, many personal injury claims are settled out of court.
Regardless, examples of both economic and noneconomic damages you can pursue include:
- Medical bills, including the cost of hospitalization and follow-up care
- Lost wages, if your injuries caused you to miss time from work
- Reduced earning capacity, if you had to work a different job because of your condition
- Property damage, which compensates you for the damage done to your vehicle if your insurance coverage does not
- Emotional trauma, such as the development of post-traumatic stress disorder (PTSD)
- Disability, which does not refer to the Social Security Administration’s program, rather, the impact of living with a disability
If you are a qualifying representative filing a wrongful death claim, beneficiaries may be able to recover the cost of:
- The decedent’s end-of-life medical bills
- Funeral costs
- The decedent’s lost income
- Loss of consortium
- Loss of household benefits and parental guidance
You may be able to recover the cost of damages that we have not included here. A lawyer can sit down with you, listen to your story, and determine what options for financial recovery you have.
How a Lawyer Can Help You
If you and your legal team are unable to reach a fair settlement offer with the insurance company, then you have the option of bringing your case before a judge.
If you are interested in filing a lawsuit and going to court, your lawyer can support your case by:
- Defending your rights throughout the legal process
- Filing your lawsuit, subsequent paperwork, motions, and appeals that may be necessary
- Collecting evidence and documentation that may be necessary to prove the other party’s negligence
- Consulting with field experts to learn more about your accident and injuries
- Estimating the cost of your accident-related expenses and losses
- Representing your interests in court
Your lawyer’s goal is to take on your legal burdens while you recover from the aftermath of the collision. You only have a limited time to file a lawsuit under Texas Civil Practice and Remedies Code §16.003. In most cases, you only have two years from the date of the accident (or your loved one’s passing) to take your case to court. If you do not act within this period, you could jeopardize your right to compensation.
Call Loncar Lyon Jenkins Today
The team at Loncar Lyon Jenkins can represent you with no upfront costs. We work on a contingency-fee basis, meaning that we do not get paid until the conclusion of your case. If we cannot get financial recovery for you and your family, then you do not owe us our attorney’s fees. When you call our team, we can explain in further detail how much you should ask for pain and suffering from a car accident.
To call in the strong arm, dial 877-239-4878.