“Pain and suffering” is a legal term that refers to the pain of physical injuries and emotional trauma an individual has suffered since the accident. If this has happened to you, then you can claim compensation for your loss.
The compensation will be according to the loss you’ve faced. If your injuries are serious, preventing you from going to the office or performing daily activities, and you are also facing emotional trauma, you will be able to get a higher amount of compensation.
Below in this article, we’ll answer the question: How much should I ask for pain and suffering from a car accident? We’ll also explain what types of damages are recoverable and how you calculate the compensation amount.
Who’s Eligible For A Pain And Suffering Claim For A Car Accident?
Before we go further in explaining the compensation for pain and suffering, it’s best to find out whether you’re eligible for it or not. Pain and suffering mean you’ve suffered emotional and physical pain due to the negligence of someone else.
For example, if you had an accident that happened because of the mistake of another driver and you got injuries and trauma or fear, you’re eligible for pain and suffering compensation. The more serious your condition is, the more the responsible party has to pay.
It’s important to note that you need to prove your claim about the emotional and physical loss. You also have to show doctor notes, your medical reports, photographs of injuries, and your treatment records from a psychiatrist or psychologist.
How Much Should You Demand For Pain And Suffering?
How much you should ask for pain and suffering completely depends on your situation and loss. The best way to calculate your loss is by using the Multiplier method, which allows you to multiply the total loss by a number between 1.5 and 5.
In this method, you’ve to choose a multiplier number, a scale ranging from 1.5 to 5. The smallest number, which is 1.5, is for minor accidents; at the same time, number 5 is used to show the severity of the accident and the loss.
To calculate the non-economic damages, multiply the total economic loss by the chosen multiplier. For example, if your economic loss is $10,000 and you choose a multiplier of 3, your estimated pain and suffering damages would be $30,000.
Don’t forget that the multiplier number should justify the severity of pain. You can’t ask for 5x compensation for a minor accident. If you’re unable to perform this task, the best thing to do is to contact a lawyer from our MCCRARY firm.
