How Is Pain And Suffering Calculated In A Car Accident Injury Claim?
Following a car accident caused by someone else’s negligence, you’re entitled to seek compensation not just for economic losses like medical bills and lost wages but also for your future needs and the intangible effects that stem from your injuries. While estimating future medical care and diminished earning capacity is fairly straightforward, putting a dollar amount on your pain, suffering, and other non-economic damages presents a unique challenge.
This is where the assistance of a seasoned attorney becomes invaluable. A skilled personal injury lawyer can secure maximum compensation for these non-economic losses, offering a semblance of justice and providing resources for your and your family’s future needs.
Understanding Non-Economic Damages
Although non-economic damages are often referred to simply as “pain and suffering,” they actually encompass a wide range of intangible losses that can significantly exceed the compensation for economic damages like medical expenses. But what exactly falls under this category? You might be compensated for emotional distress, mental anguish including depression or PTSD, disfigurement, loss of enjoyment in life, loss of consortium, and the inconvenience caused by the accident and recovery process. Each of these aspects requires careful consideration to fully assess how the accident has altered your life, both in the short and long term.
Calculating Pain and Suffering
In Florida and Georgia, quantifying pain and suffering follows a flexible formula. To recover the maximum compensation, you need evidence that illustrates the extent of your losses. Keeping a journal detailing the daily impact of your injuries and gathering witness statements on life changes since the accident can provide compelling proof of the impact the accident has had on your life.
Attorneys often compare similar cases to establish a precedent for the value of each type of non-economic loss. Insurance companies may employ the “multiplier method,” which bases non-economic damages on your economic losses. However, this method can oversimplify the depth of anguish caused by certain injuries, like disfiguring scars, underscoring the need for a nuanced approach. That is one reason initial settlement offers from insurance companies are often far lower than they should be.
Types of Intangible Damages
Intangible damages are highly individualized and vary significantly from case to case. They are evaluated based on the severity of the injury, the extent of the pain and suffering, the impact on your lifestyle, and the duration of the recovery process. Here are some common types of intangible damages that you may seek compensation for in personal injury cases:
- Pain and Suffering: This includes compensation for the physical pain and discomfort caused by the injuries. It also covers the ongoing discomfort that might persist due to the accident.
- Emotional Distress: You might experience significant emotional reactions following an accident, such as anxiety, depression, fear, insomnia, and even post-traumatic stress disorder (PTSD). Emotional distress damages are meant to compensate for these psychological impacts.
- Mental Anguish: Similar to emotional distress, mental anguish focuses on the psychological suffering that comes from the injury, including feelings of grief, worry, and the overall diminishment of enjoyment of life.
- Loss of Enjoyment of Life: This damage compensates you for the loss of enjoyment of activities, hobbies, exercise, vacations, and other forms of leisure that you can no longer participate in because of your injuries.
- Disfigurement: If the accident causes physical changes that alter your appearance, such as scars, burns, or loss of limbs, compensation for disfigurement addresses the emotional and psychological impact of these changes.
- Loss of Consortium: This type of damage is related to the impact of the injuries on your relationship with your spouse or partner. It covers the loss of companionship, affection, support, and marital relations suffered by your partner or family members.
- Inconvenience: Compensation for inconvenience addresses the disruptions to your normal life caused by the accident, including the difficulty of completing daily tasks, attending medical appointments, and the general disruption of your routine.
Get Help Seeking the Maximum Compensation for Pain and Suffering from The Leach Firm, P.A.
Succeeding in recovering the right resources after a car accident injury, especially with regard to pain and suffering, requires experienced legal guidance and relentless advocacy. At The Leach Firm, P.A., we serve the residents of Florida and Georgia with over a century of combined experience in personal injury, employment, and workers’ compensation cases, so we know how to get the results you deserve. If you’re struggling with the aftermath of a car accident, let us help you. Call The Leach Firm at 844-722-7567 or contact us online for a free case evaluation with a seasoned attorney in Florida or Georgia. Together, we can strive for the justice and compensation you deserve.