A person who has been hurt in a vehicle accident probably has many different questions about the types of compensation to which they may be entitled.

Pain and suffering damages are one type of compensation that can vary greatly, depending on the circumstances.

Are Pain/Suffering Damages Different from Other Damage Awards?

Pain and suffering damages are calculated separately from the underlying damages directly related to the accident. In general, pain and suffering relate to the emotional or physical distress associated with an injury, so they can be difficult to measure.

How much a defendant might owe for pain and suffering payments is different from lost time from work or medical bills. However, sometimes the courts will consider those amounts to arrive at a logical figure for the damages for pain and suffering.

Can I Get Pain and Suffering Damages from The Other Party’s Insurance Company?

Whether or not you are eligible to recover pain and suffering payments is based on how the states’ law treats fault.

Comparative fault states may enable you to recover compensation for pain and suffering if the accident was partially your fault. In a pure comparative fault state, all parties pay damages according to their share of fault. A modified comparative fault state will not allow the plaintiff to receive damages if they were 50 percent or more at fault.

If you are in a pure contributory negligence state, however, you may not be entitled to these damage payments. In a pure contributory negligence state, you are not able to recover any damages even if you are only one percent at fault for the accident. Thankfully, there are only a few states across the country in which pure contributory negligence is the law of the land.

What Are Specials?

The most common approach to calculating damages for pain and suffering has to do with something that is referred to as multiplying your specials. These are the damages that are easily calculated as economic losses, like medical bills and lost wages. Typically these will be multiplied by 1.5 to 5 to arrive at an amount for pain and suffering.

The number selected as the multiplier depends on numerous facts specific to your individual case, such as your possibility for a full recovery and recovery and the severity of your injuries.

What Does It Mean If They Are Using A Daily Rate to Calculate Pain and Suffering?

Another approach to calculating damages for pain and suffering is known as per diem. This involves a certain dollar amount for every day that you had to cope with the pain caused by the accident.

Justifying a daily rate that you might use can be extremely complicated which is why it is not always used as the sole method for determining the total damage amounts.

How Do I Know What Is A Fair Pain and Suffering Payment?

If an insurance carrier makes a settlement offer that appears to include their own calculations for pain and suffering compensation, it can be difficult to determine whether or not this is fair.

A reasonable approach is to use your own per diem or multiplier method to get a ballpark idea. Then consider whether any additional factors that might apply that decrease or increase the amount. Retaining a car accident injury lawyer is one of the most effective ways for determining whether or not an insurance company’s offer is fair.

This article is not legal advice. It is presented
for informational purposes only.