If you have been in a car accident, it should be easy to calculate personal injury damages such as car repairs or medical bills. However, car accident pain and suffering damages are not always easy to calculate.
It is extremely difficult to prove and convince an insurance adjuster that you deserve to be compensated for your pain and suffering after a car accident.
Regardless of whether you can or cannot convince others, most states allow personal injury victims to pursue damages for pain and suffering.
What is pain and suffering?
After being injured by someone negligent, you can experience pain and suffering, which may be related to mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and shock.
Different things may be the cause of a person’s pain and suffering after a car accident:
- Physical limitations
- Physical pain
- Emotional disorders
- Cognitive disorders
How to calculate pain and suffering?
Determining the value of pain and suffering in a personal injury lawsuit may be difficult because juries do not receive any special instructions or statistics that may help determine the correct value for each case. Instead, they are usually told to rely on their good sense, background, and experience.
You and your lawyer can try to calculate your pain and suffering damages using ‘per diem’ or ‘multiplier’.
The per diem method calculates a dollar amount for each day you lived through your pain and suffering. However, it may be challenging to justify the amount of your per diem.
Pain and suffering multiplier
One of the most common methods used in these kinds of cases is the multiplier method. Pain and suffering is calculated as being worth some multiple of the injured person’s total medical bills and lost earnings, better known as special damages.
Medical expenses and lost earnings are multiplied by 1-5 or higher. This method does not always apply to cases, and you should be careful when calculating. Many factors impact the value of pain and suffering in a personal injury case, which may include:
- whether the plaintiff is or will be a good or bad witness
- whether the plaintiff is credible
- whether the plaintiff’s testimony is consistent
- whether the plaintiff’s physicians support the plaintiff’s claims of pain and suffering
- whether the jury believes that the plaintiff told the truth about everything
- whether the plaintiff’s injuries and diagnosis make sense
- whether the plaintiff is known by the police and has a criminal record
Evidence that helps your claim
To prove that you are justified in for asking pain and suffering damages settlement, you must have substantial evidence to prove it. This process involves evidence such as medical records, photos of injuries, witness statements, and your statement about how injuries impacted your life.
Here at Certified Legal Funding, we understand the plaintiff’s pain and suffering after a car accident, and we know that you need to go on with your life no matter what. So, while you’re waiting for your case to settle, we can offer you pre-settlement funding (legal funding) to help you get your life back on track.
Our pre-settlement cash advances can be used for anything you want: paying medical bills, mortgage, rent, tuition, etc. You pay it back only if you win your case. While waiting for your car accident pain and suffering damages settlement, call CLF at 800-922-7439, and we’ll give you money fast!