It is impossible to estimate an average pain and suffering settlement for a car accident since each case brings unique factors to the table. Additionally, calculating fair compensation for non-economic losses can be tricky in general.
Unlike economic losses, such as medical bills and lost wages, there are no actual receipts to numerate your pain and suffering. Some victims choose to consult a law firm for help. Not only can an attorney from our team calculate damages for pain and suffering (past and future), but we can also help you establish evidence to prove this form of non-economic loss.
What a Pain and Suffering Lawsuit Includes
If you suffered injuries in a car accident, your economic expenses may not be the only losses you are now facing. You may be able to receive compensation for your past and future pain and suffering through an insurance settlement. Other forms of non-economic damages may also apply in your case.
According to the Legal Information Institute (LII), pain and suffering refers to compensation for:
- The physical pain caused by your accident-related injuries
- Your mental anguish resulting from your injuries
The extent of your injuries can affect your medical expenses, and they may also affect your level of pain and suffering. For example, more severe injuries may cause more physical suffering and a longer recovery period.
In addition to pain and suffering, you may qualify for other forms of non-economic damages, such as the loss of quality of life.
If your accident led to a permanent disability, for example, your life may never be the same. You may lose the ability to enjoy the activities you once did before your accident, and this can cause psychological suffering in the long run.
Loss of quality of life may be another form of non-economic compensation you can seek in this situation. As with pain and suffering, this loss does not come with a clear dollar value, so calculating its worth can be complicated.
How to Calculate Pain and Suffering
In general, insurance companies use one of two methods or a combination of these methods to calculate a car accident victim’s past and future pain and suffering.
First, they can use the multiplier method. This method adds up your non-economic losses and multiplies them with a set number. This calculation takes into account how your injuries affect your day-to-day life.
Second, they can use a daily rate. This method takes into account how long your pain and suffering could continue through treatment until you reach maximum medical recovery.
Either calculation method may leave room for negotiation, and an insurer may initially undervalue your claim for non-economic damages. When this happens, some victims choose to hire legal representation to seek their due.
How a Lawyer from Our Firm Can Help You Prove Your Case
If you are wondering what the average settlement for pain and suffering in a car accident is, we can help you understand the important factors that could affect your particular case.
A lawyer from our firm can help you prove your non-economic losses and calculate what fair compensation would look like.
Proving Pain and Suffering
One of the ways our lawyers may help you establish your non-economic losses is by having you keep a daily journal. This activity can help account for the ways your injuries have changed your life on a day-to-day basis.
It can also help keep track of the level of physical pain and mental anguish you experience due to your injuries.
Calculating Damages for Your Pain and Suffering
You do not have to leave it up to the insurers to calculate your pain and suffering. Our firm can determine which calculation method to use and fight for fair compensation on your behalf.
We Can Help Determine What Your Pain and Suffering is Worth
Adding up your out-of-pocket expenses, medical bills, and lost wages can be complicated enough without the added burden of calculating innumerable losses, like past and future pain and suffering.
We can help you with all of this. We can begin by helping you file an insurance claim and looking over an initial settlement offer to see if it fairly covers your economic and non-economic losses.
If the insurer does not offer you fair compensation, we will not hesitate to take legal action on your behalf. If we have to represent you in a trial to seek a court-awarded offer, we will.
Call Our Attorneys Today for More Information
We offer free consultations and don’t get paid unless and until we win compensation for you. Give us a call at (702) 633-3333 today.