19 May

How Much Will You Get For Pain And Suffering From A Car Accident?

If you were injured in a car accident that was caused by someone else’s negligence, you may be eligible to file a claim and seek maximum compensation for both the cost of your injuries and for something known as “pain and suffering” – the physical and emotional toll that the car accident took on your health.

The Florida Law Group’s aggressive personal injury attorneys have recovered over $1 billion dollars for injured car accident victims in the state of Florida! While we frequently secure million and multi-million dollar settlements for our clients, it is impossible to give an estimate of how much you can expect to receive in terms of pain and suffering damages for your car accident injuries without hearing more details about your case, as there are many factors that can influence that amount! Call today for a free consultation to learn what your specific injuries are worth.

What Is Pain And Suffering?

Typically, in almost every injury case, the plaintiff (person filing the lawsuit) will be able to recover damages for pain and suffering, even if the amount is small. “Pain and suffering” is actually a legal term that refers to the toll of the injuries that the plaintiff suffered as a result of an accident – the physical pain, but also the mental pain such as fear, insomnia, worry, grief, inconvenience, and temporary or permanent loss of enjoyment in certain activities. This is a part of the “non-economic” damages a plaintiff can claim (economic damages refer to tangible, billed costs like the cost of an X-ray or the cost of one surgery).

For example, say that someone got into a bad car accident and broke several bones in addition to suffering a concussion. They required help from their spouse just to do basic tasks like take a shower, and they were in pain that kept them from sleeping and eating normally for a while. This led to feelings of helplessness and depression, as well as anger; they started seeing a therapist to cope. All of this was a direct result of the accident and the injuries they suffered, which is counted as pain and suffering.

How Is Pain And Suffering Calculated?

There are two main methods that lawyers and insurance companies use to calculate pain and suffering damages.

The first method is known as the multiplier method – the economic damages (medical bills and lost wages) are multiplied by a certain number based on the severity of the injuries sustained. This number is usually somewhere between 1 to 5. So, for the example above, where the plaintiff had multiple broken bones and a severe concussion, their attorney might seek restitution for the $50,000 in medical bills related to the treatment and seek $150,000 ($50,000 x 3, the number chosen to represent the severity) in pain and suffering damages.

The second method is known as the per diem method (Latin for “per day”). A dollar amount, based on the severity of the injuries, is assigned for every day from the accident occurring to the plaintiff reaching maximum medical recovery. In the above example, the attorney might seek the $50,000 in medical bills and then $125 a day for every day the victim spent recovering (9 months until they were cleared by their doctors as needing no further treatment, which would amount to $75 x 280 days = $35,000 in pain and suffering damages).

There are other computerized methods that may be used, and just because a plaintiff seeks a certain amount in pain and suffering damages doesn’t mean that they will be awarded that amount; insurance companies will fight to minimize their payouts because doing so protects their bottom line.

What Factors Influence How Much You Will Get For Pain And Suffering From A Car Accident?

How much you will get for pain and suffering after a car accident depends on several factors, including:

- How serious your injuries were

Obviously, how badly you were hurt in the car accident will affect how much you stand to gain in pain and suffering damages. If you sustained only minor injuries that healed quickly, you will not be able to recover as much as you did if you had injuries that significantly interrupted your life and your happiness.

- The amount of evidence you have to support your claim

The more documentation you have, the better. Photographs, personal journals, testimony from friends and family, proof of treatment by a mental health professional, and more can help you prove pain and suffering and recover a higher amount.

- Whether the case goes to trial

Juries are much more likely to award high pain and suffering amounts to plaintiffs than insurance companies are during settlement negotiations. This is one of the reasons that they will attempt to settle with you and not let your case go to trial, because they may end up losing and paying much more for this category of compensation.

- The level of representation you have on your side

The personal injury lawyer or law firm you choose to represent you will make all the difference in whether or not you win your case and how much you will get for pain and suffering in a car accident. An experienced attorney can tell you how much your injuries are worth and then fight to recover the amount you deserve!

The Florida Law Group is ranked in the top 1% of injury firms nationwide and has a winning track record! You never pay us unless we win. Call today to schedule a free consultation and discover specifically how much you will get for pain and suffering from your car accident!