How Much Should I Ask for Pain and Suffering from a Car Accident?

Many people wonder how much they should ask for pain and suffering from a car accident. The amount you should ask for pain and suffering depends on how severe your car accident was and the injuries you suffered.

 In general, you should always talk to a car accident lawyer for a professional opinion on what damages you should be asking for.

An Atlanta car accident lawyer will be able to compare your case to similar cases they’ve handled in the past, which will give them a good idea of the kinds of damages you could win and what you should include in your demand.

Who Is Eligible for Pain and Suffering After a Car Accident?

Pain and suffering falls under the category of general damages. Non-economic damages, commonly referred to as general damages, encompass the intangible losses sustained, such as emotional turmoil, physical suffering, permanent impairments, disabilities, and diminished earning capacity. 

Essentially, if you’ve experienced detriments extending beyond quantifiable medical expenses and lost wages, you may be entitled to ask for pain and suffering after your car accident.

How Much Money Should You Ask for Pain and Suffering for a Car Accident?

Determining the appropriate amount for pain and suffering in a car accident claim can be challenging, as it is not based on tangible financial costs. However, insurance companies have developed a formula to estimate reasonable compensation for such non-economic damages.

The Pain and Suffering Calculation Method:

• Calculation Basis: Insurance companies start by assessing the quantifiable costs, such as medical expenses, vehicle repairs, and other documented financial losses. This forms the baseline for the calculation.
• Severity Assessment: Next, they attempt to evaluate the severity of the suffering experienced by assigning a numerical rating, typically ranging from 1 to 5. This assessment considers factors like the duration of pain endured, the extent of physical limitations, the impact on quality of life, and the potential for long-term or permanent consequences.
• Multiplication Factor: The initial quantifiable costs are then multiplied by the assigned severity rating. For instance, if the documented expenses amount to $50,000, and the suffering is assessed as a 3 on the scale, the pain and suffering damages could be calculated as $150,000 (3 x $50,000 = $150,000).

While this method aims to provide a systematic approach, it remains an imperfect system, as the severity assessment is inherently subjective. Nevertheless, it generally aligns with the principle that individuals who have endured greater suffering should receive higher compensation.

It is crucial to note that insurance companies may be inclined to undervalue pain and suffering damages, which underscores the importance of legal representation. An experienced attorney can effectively present evidence, negotiate with insurers, and advocate for a fair and just compensation that accurately reflects the extent of the client’s suffering.

Do You Really Need to Hire an Attorney to Help You?

It is never a bad idea to ask an attorney for help. An attorney has the experience and knowledge of the law to evaluate your damage claim and ensure you’re asking for everything to which you’re entitled.

 Plus, the insurance company and, if the case goes to trial, the other attorney tends to take a plaintiff more seriously if they have a lawyer standing by their side.

What Are The Damages I Can Collect From A Car Accident Claim?

In a car accident claim, there are several types of damages you may be entitled to recover, including:

• Medical Expenses: Medical expenses compensated include hospital bills, ambulance fees, doctor visits, surgery costs, medications, physical therapy, and future anticipated treatment related to accident injuries.
• Lost Wages: If your injuries caused you to miss work, you can claim compensation for the wages you lost during your recovery period. This also includes potential future lost earnings if you cannot return to the same line of work due to permanent disabilities. 
• Property Damage: You can recover the cost of repairing or replacing your damaged vehicle, as well as any other personal property damaged in the accident.

Pain and Suffering

This is compensation for the physical and emotional distress you experienced due to your injuries. When considering how much to ask for pain and suffering after a car accident, it is important to remember that pain and suffering damages can include: 

• Physical Pain: This covers the actual physical pain and discomfort you endured from your injuries, both during the accident and throughout your recovery process. 
• Emotional Suffering: Victims may experience debilitating mental health conditions, including but not limited to overwhelming anxiety, persistent feelings of depression, irrational fears or phobias, disrupted sleep patterns, and the development of post-traumatic stress disorder (PTSD). 
• Loss of Enjoyment of Life: If your injuries prevent you from participating in activities or hobbies you once enjoyed, you may be compensated for this loss of quality of life.
• Disfigurement: Compensation may be awarded if you suffer permanent scarring, disfigurement, or physical impairment that causes emotional distress or affects your ability to work or socialize. 
• Loss of Consortium: This compensates your spouse for the loss of companionship, affection, and intimacy resulting from your injuries.

Contact a Personal Injury Attorney Today for Help

If you’ve been injured in a car accident, we can help you pursue the compensatory damages you deserve. The attorneys at John Foy & Associates will give you a FREE consultation and help you determine what you deserve in pain and suffering. Don’t wait – call us or fill out the form to your right today.