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How Much Should I Ask For Pain And Suffering From A Car Accident?

By  Dan McCrary | February 1, 2024

“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

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What Types of Damages Are Recoverable With Pain And Suffering? 

Now comes another important question: what type of damages are recoverable with pain and suffering? Although the pain and suffering claim is for emotional and physical pain, which can’t be calculated, the records of damages you’ve suffered can help in that regard. 

As per law, various types of damages can prove your suffering, and your loss can be recovered. We’ve divided the loss into two types: one is physical damage, and the second is emotional damage, the details of which you can read below. 

1. Physical Pain And Suffering Damage 

Physical damage includes all minor to serious injuries like fractures of bones, broken bones, brain, spinal cord, soft tissue injuries, and so forth. You can also ask for loss of wages or disability caused by an accident. 

2. Emotional Pain And Suffering Damage

Emotional damage includes the pain and trauma you’ve faced mentally. For example, anxiety, depression, post-traumatic disorder, emotional distress, etc. To claim compensation, you should keep records of treatments and how these emotional struggles affect your daily life. 

How Do Insurance Companies Calculate Pain And Suffering Compensation?

The most common method for insurance companies to calculate the pain and suffering compensation is the Multiplier method. With this method, you get 1.5x to 5x the amount of your financial loss, depending upon the severity of your injuries and emotional trauma. 

Another method is the Per Diem method, which isn’t used in all states. The process of calculating the loss with this method is that the insurer will set a specific amount for a day, like $100, and multiply it by the total days you’ve suffered due to the accident. 

If you are admitted to the hospital for three months with this detail, the insurer will multiply $100 to 90 days, and the claim would be $9000. The amount of daily loss would be determined after considering the severity of your accident case. 

Final Words

The total amount you can ask for pain and suffering from a car accident depends on the pain you've suffered after the accident. This not only means physical injuries but also the emotional distress and trauma endured.

The claim amount would be calculated with either the Multiplier method or the Per Diem method. To prove this claim, you must document all your financial losses and the problems you've faced medically.

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    McCrary Accident Injury Law Firm specializes in personal injury litigation. Its founder, Dan McCrary, Esq., spent 14 years working for the insurance companies before switching sides to represent personal injury victims in Rocklin as an attorney.

    Dan McCrary’s years of experience on the defense side taught him exactly how to obtain maximum recovery for his injured clients. If you have been injured in an accident you should contact the Accident & Injury Lawyers, Personal injury Attorney, Car accident lawyers at McCrary Accident Injury Law Firm in Rocklin, folsom, Sacramento to get the money you deserve, and overcome the tactics routinely employed by the insurance companies.