How Is Pain And Suffering Calculated In A Car Accident Case?
Published in Car Accidents on July 19, 2024
Reading Time: 4 minutes
If you’re involved in a car accident, knowing how the court calculates pain and suffering is critical to ensure you get fair compensation. It’s an element of personal injury suits that significantly impacts the final settlement amount. In turn, it affects your financial recovery process.
By grasping the factors and methods involved, you equip yourself with the knowledge to understand the legal process and advocate for the compensation you deserve.
Understanding Pain and Suffering
In legal terms, pain and suffering mean the emotional and physical distress an injury causes. It’s essential to personal injury claims because it extends beyond lost wages and medical bills. Instead, it works to compensate you for the overall impact the accident has on your life and daily activities.
Physical Pain
Physical pain refers to the actual bodily injuries you sustained as a result of your accident. They can range from minor aches that eventually fade to persisting, severe, chronic pain. The extent of your physical pain is a significant factor in the final compensation amount.
Emotional Distress
Emotional distress encompasses the accident’s psychological aspect. It may include depression, anxiety, and other mental health issues the trauma causes. It’s just as important as the physical pain when it comes to figuring out your total compensation amount.
Eligibility for Pain and Suffering
Before you file a claim, you must have at least $2,000 in necessary and reasonable medical expenses due to your car accident injuries. However, there are a few exceptions to this rule, including:
- There was loss of a whole or partial body part
- You have a permanent or serious disfigurement
- You lost your hearing or sight
- The claim is on behalf of a person who didn’t survive the accident
- You had fractures as a result of the accident, and this includes teeth
If you qualify for compensation for pain and suffering, the next step is to know how the court calculates it.
How to Calculate Pain and Suffering
There are a few ways the court can calculate pain and suffering in car accident claims. Knowing what they are helps you advocate for compensation and make it through the claims process.
The Multiplier Method
This method is a very common system used to figure out pain and suffering amounts. It involves multiplying the actual accident damages, like lost wages and medical bills, by a number. The number typically falls between 1.5 and 5. The multiplier the court chooses depends on the following:
- Injury severity
- Daily life impact
- Recovery time
For example, if your medical bills and lost wages total $10,000 and the multiplier is 3, your pain and suffering compensation would be $30,000.
The Per Diem Method
This method gives you a daily rate for your pain and suffering. The daily rate then gets multiplied by the number of days you suffer from your injuries. The rate usually comes from what you’d normally earn, or the court will determine another reasonable amount.
For example, if you have a daily rate of $200 and suffer for 200 days, your compensation would be $20,000. The goal is to give you fair daily compensation for your ongoing emotional distress and pain.
Factors Influencing the Calculation
The court will use several factors to influence how they determine pain and suffering as a result of a car accident. They include:
Severity of Injuries
How severe your injuries are play a role in the calculation. More severe injuries usually mean a higher amount. For example, a head injury or a broken bone would typically entitle you to more compensation than minor cuts or bruises.
Generally, the more long-lasting and extensive your injury is, the higher this calculation will be. It’s due to the fact that more severe injuries usually mean more intense physical pain with longer recoveries.
Impact on Daily Life
How your injuries impact your daily life is another huge factor. If they stop you from performing everyday activities, the compensation amount goes up. It includes a loss of enjoyment in sports, hobbies, and other leisure activities.
If the injuries cause lifestyle changes, like the inability to take care of yourself without needing help, this usually leads to more compensation. The greater the disruption to the victim’s normal routine, the more substantial the pain and suffering claim will be.
Evidence and Documentation
To support your pain and suffering claim, you’ll need thorough documentation and evidence. Medical records that spell out the extent of your injuries, the treatment process, and the prognosis are vital. Testimonials from medical professionals give you expert opinions on your injury’s impact and severity.
Also, personal testimonials from your family can help show the emotional distress and lifestyle changes the accident caused. Photographs of injuries and detailed accounts of your daily struggles can further strengthen the claim.
Legal Considerations in Massachusetts
In Massachusetts, when the court calculates your pain and suffering compensation, they’ll keep several legal considerations in mind. The state’s laws impact how much compensation you can get, including:
Comparative Negligence Rule
Massachusetts follows a comparative negligence rule. It means that if the court decides you were partially to blame for the accident, they’ll reduce your compensation by how much they believe you to be at fault. For example, if they think the accident was 20% your fault, they’ll reduce your compensation by 20%.
Statute of Limitations
The state also requires that you file a personal injury claim within three years of the date of the accident. The statute of limitations means that you need to act quickly to get compensation for your pain and suffering.
Caps and Limitations
Massachusetts also has certain caps on pain and suffering awards in specific instances. For example, in a medical malpractice case, the non-economic damages cap is $500,000, and this includes pain and suffering. However, if you have substantial or permanent loss or disfigurement, the court can lift the cap.
Most car accident suits in the state have no general caps on pain and suffering awards. So, you can potentially get substantial compensation, depending on how your injuries impact your life and how severe they are.
Get Expert Help with Your Car Accident Claim
If you’ve sustained injuries in a car accident, understanding how the court calculates pain and suffering can be complex. It’s crucial to ensure you receive fair compensation for your physical and emotional hardships.
For expert guidance and support, contact Sweeney Merrigan Law. Our experienced attorneys dedicate themselves to helping you understand your claim and secure the compensation you deserve. Contact us today to schedule a consultation and take the first step toward justice and recovery.