Car accidents can leave individuals dealing with more than just apparent physical injuries. Emotional distress, anxiety, and reduced quality of life are all part of the pain and suffering that may follow an accident. However, proving these non-economic damages can be challenging, as they are subjective and cannot be easily measured. Knowing how to prove pain and suffering is a critical part of seeking fair compensation for car accident injuries.
What Is Pain and Suffering in Personal Injury Cases?
Pain and suffering refer to the physical discomfort and emotional distress caused by a car accident.
- Physical pain includes injuries that require treatment, cause long-term discomfort, or result in permanent impairment.
- Emotional suffering relates to mental health struggles like anxiety, depression, or post-traumatic stress. These damages are considered non-economic because they do not have a direct financial value, but they significantly impact the individual’s daily life.
How Can Pain and Suffering Be Proven?
Proving pain and suffering requires clear and compelling evidence. Courts and insurance companies look at the severity of the injuries, the required medical treatments, and the long-term effects on the individual’s ability to work or engage in activities they once enjoyed.
Medical records are often the foundation of this process, as they detail the physical injuries and treatments received. Notes from physical therapists, chiropractors, or other healthcare providers can further demonstrate the extent of the pain experienced. Testimony from friends, family members, and colleagues can also provide valuable insight into how the accident has affected the individual’s well-being.
Personal documentation can also play a significant role. Keeping a daily journal that records pain levels, emotional struggles, and limitations caused by the injuries can help create a timeline of suffering. Finally, photographic evidence of injuries and the accident scene can strengthen a case. Photos provide a visual representation of the harm endured and help build a more comprehensive understanding of the impact.
How Do Insurance Companies Evaluate Pain and Suffering?
Insurance companies calculate pain and suffering using methods like the multiplier or per diem approach. The multiplier method multiplies economic damages, such as medical bills, by a number reflecting the pain’s severity. For example, $10,000 in medical costs multiplied by three equals $30,000. The per diem method assigns a daily monetary value to suffering, such as $100 per day, multiplied by the duration of pain, like six months. Adjusters may dispute claims, so thorough evidence, including documentation, medical opinions, and consistent records, is vital to demonstrating the impact and validity of the pain and suffering experienced.
Can Pain and Suffering Be Included in a Settlement?
Pain and suffering are often included in settlement negotiations, especially when physical and emotional injuries have substantially impacted the individual’s life. Negotiations usually rely on the strength of the evidence presented, which highlights the extent of the damages. Settlements may include compensation for both current and future pain and suffering. If an injury requires ongoing medical treatment or has long-term effects on the person’s mental health, these factors can influence the amount awarded.
What Factors Influence Compensation for Pain and Suffering?
The severity of the injuries is one of the primary considerations; serious injuries that result in long-term disability or chronic pain typically result in higher compensation. The duration of the recovery period also plays a role. Injuries that require extensive treatment or lead to lasting physical or emotional difficulties may warrant higher compensation. Additionally, the impact on the individual’s ability to work or participate in activities they previously enjoyed will be evaluated.
The credibility of the evidence presented is equally important. Clear documentation, consistent medical records, and strong testimonies can significantly impact the outcome of the case.
Experienced Delaware County Car Accident Lawyers at Eckell Sparks Are Ready to Explain Your Legal Options After Your Accident
If you or a loved one experienced pain and suffering due to a car accident, contact the Delaware County car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. We have extensive knowledge of personal injury cases and help clients pursue fair compensation. For an initial consultation, call our Media or West Chester, Pennsylvania office at 610-565-3701 or complete our online form. We proudly serve clients in Delaware County, Chester County, and Montgomery County.