Car accidents are bad news; even a minor crash can cost you a lot of money and cause physical and mental pain. Hence, that’s the reason the law supports pain and suffering claims for car accident cases.
The pain and suffering settlement ensures the victim of the car accident case is compensated. This compensation isn’t only about the financial loss but the incalculable cost of the mental trauma and physical pain the person has suffered since the date of the accident.
To help you out further about this topic, we’ll address questions like what exactly is the pain and suffering settlement and who’s eligible for it. Also, we’ll answer how you can follow up a pain and suffering claim without the help of lawyers.
What Are Car Accident Pain And Suffering Settlements? An Overview
The simple definition of pain and suffering settlement is the physical and mental distress suffered from an accident. The physical and mental distress includes disabilities, loss of lifestyle, depression, discomfort, and things that come under “general damages.”
If you’re facing any of the situations mentioned above, you can go for a car accident pain and suffering settlement. The lawyer you’ll hire will calculate the pain and suffering amount by multiplying it by the total loss, and you’ll get the compensation.
Who Is Eligible For Pain And Suffering Settlement?
If the car accident has affected you physically, emotionally and mentally, and made your life difficult, you could be eligible for a settlement. But there’s one important point: you should be the victim in the accident case.
In other words, if you’re in pain, feeling discomfort, fear, shock, grief, depression, anxiety etc, because of the carelessness of the other driver, the law is on your side. However, various factors can affect the case, like how bad your injuries are and who’s to blame.
The law of the state you’re living in also plays a crucial role in determining whether you’re eligible for the pain and suffering settlement or not. That’s why the best is to consult with a lawyer first and then go for further process.
What Is A Typical Amount of Pain And Suffering?
Since the pain and suffering settlements are mostly based on emotional and mental suffering, it’s difficult to calculate the damage. After all, it’s not easy to put a number on feelings like sadness or fear.
So, usually, lawyers follow two methods to calculate the amount of pain and suffering settlement. The first is the Multiplier method, and the second is the Per Diem method. Both methods are completely different; let’s understand it with the examples below.
Pain And Suffering Settlement Examples
Suppose a woman named Mary had an accident a month ago. She got seriously hurt, and even after receiving treatment and getting back on her feet, she’s now afraid to drive. This fear is keeping her from going to her job and living her life as she did before.
In the Multiplier method, a lawyer will calculate the financial loss, including all bills, loss of wages, etc., and multiply it by 1.5 to 5. If the accident is minor, the lawyer will multiply with 1.5 to 2; for a major accident, the settlement would be 5 times the total loss.
- Multiplier Method Example: [Total loss: $2000] x [1.5] = $3000 for pain and suffering settlement.
However, in the Per Diem method, the lawyer will calculate your daily earnings to the days you’ve been suffering since the accident. For example, if the accident happened on the date of 15th of November, the lawyer would consider the days from the 15th until the present.
- Per Diem Method Example: [Daily wage: $100] x [Days you’ve been suffering: 20] = $2000 for pain and suffering settlement.