Pain And Suffering - What Amount Is Fair After A Devastating Car Accident?

If you have been injured in a car accident due to another party’s negligence or recklessness, you are entitled to certain damages that serve to compensate you for your losses. While some losses are easy to quantify financially – like property damage, medical bills, and lost wages – others are less tangible. Non-economic damages pertain to the depression, anxiety, trauma, and loss of enjoyment of life that you may experience after a devastating collision that leaves you incapacitated.

Our skilled personal injury lawyers at Trust Guss can calculate the monetary value of your damages, ensuring you receive the maximum in compensation so you can begin to rebuild your life after suffering a destabilizing accident. To do this, we will consider the following:

The severity of your accident
The nature of the pain and suffering you have endured
How long your pain and suffering is likely to last
How your routine and daily activities have been affected by the accident
How you contributed to the accident, if at all
The costs related to counseling and treatment of your pain and suffering

What Exactly Is Pain and Suffering?

In legal terms, pain and suffering is a non-economic category of damages that you may be eligible for if another person’s negligence or recklessness caused your accident and injuries. Pain and suffering can encompass the following:

Mental and emotional anguish
Temporary and chronic pain from injuries
Symptoms of permanent injuries like nerve or brain damage
Permanent scars and disfigurement
Depression
Anxiety
Insomnia
PTSD (post-traumatic stress disorder)
Loss of enjoyment of life

Pain and Suffering Associated With Wrongful Death

The National Highway Traffic Safety Administration (NHTSA) reports that drunk driving, speeding, and distracted driving are common causes of fatalities on the road. When a fatal car accident occurs, there is understandably a much deeper level of pain and suffering to be assessed. Damages related to pain and suffering after a fatality may include:

The physical pain and anguish experienced by the victim before they passed away
The emotional distress and trauma experienced by the deceased
The deep grief experienced by the surviving family members of the deceased
The loss of support experienced by the spouse, partner, parent, or child of the deceased

Pain and suffering compensation after a wrongful death may also include funds for counseling, medications, therapy, and other forms of treatment for grieving family members.

Who Can Receive Compensation for Pain and Suffering?

After a car crash, you can receive pain and suffering damages if:

Your losses can be shown to qualify as pain and suffering
You can prove another party is liable for your pain and suffering
You can prove the existence of your losses

What Is the Legal Standard for Claiming Compensation for Pain and Suffering?

With car accidents, the standard for liability is usually negligence. If your personal injury lawyer can demonstrate that another party was negligent in causing your collision, then they can hold the at-fault party responsible for your pain and suffering. In order to establish negligence and liability, your attorney must prove the following:

The negligent party owed you a duty of care.
The negligent party breached that duty of care.
The breach of duty of care directed caused your accident
Your accident directly caused your injuries and pain and suffering

Negligence can be cited in cases where drivers made poor decisions or performance errors. When found liable, negligent motorists must pay for your pain and suffering through a settlement or a court award. In addition to the other driver, your personal injury lawyer can hold other parties responsible as well, such as vehicle manufacturers who produced faulty parts, mechanics who failed to ensure the safety of a vehicle, government agencies responsible for poor signage or poor road conditions, and bars or restaurants who knowingly served intoxicated patrons.

What Factors Determine the Cost of Pain and Suffering?

Even though pain and suffering is a non-tangible, non-economic damage, one of the roles of your personal injury attorney is to assign it a monetary value. When calculating its value, your lawyer will consider the following factors:

The type of injuries you have sustained
The severity of your injuries
The extent of the medical care you will need, both in the present and in the future
The amount of time your pain and suffering is expected to persist
The degree to which your pain and suffering has affected your daily routine
Whether you lost a loved one in the accident

Methods Used to Calculate Pain and Suffering

Lawyers and insurance companies commonly use one of two methods for placing a value on pain and suffering.

The per diem method
The multiplier method
Either method can accurately calculate the monetary cost of your pain and suffering. Your personal injury attorney will choose the best method for your unique situation and case facts.

How Does One Prove Pain and Suffering?

With car accidents, you will typically be asked to prove the value of your losses, and this will determine the amount of compensation you can receive. In general, the more evidence you can provide, the stronger your claim will be. Pain and suffering can be proved through the following:

A written or oral report from a mental health professional
Receipts for counseling sessions or the purchase of antidepressants, sleeping pills, or other medications
Medical reports detailing your injuries and symptoms
Financial records and projections related to medical costs and treatments
Testimony from friends, employers, co-workers, and family members who have witnessed your pain and suffering firsthand
Other proof that documents your pain and suffering

Can You Receive Compensation for Pain and Suffering if You Are Partially to Blame for the Accident?

In certain states with comparative negligence laws, yes, you can receive damages – including pain and suffering – even if you played a role in causing the accident, as long as you are less than 50% at fault. To receive awards of any consequence, however, you usually need to be significantly less at fault. Examples of accidents where multiple parties may be at fault include the following:

Collisions where one motorist was driving drunk, but the other disobeyed a traffic signal
Collisions where one motorist was driving while distracted, but the other motorist made a dangerous lane change at the last minute
Collisions where one motorist stopped short for no reason, but the other driver failed to maintain a safe stopping distance, causing a rear-end crash

In each example, both motorists engaged in behaviors that increased the risk of a crash. While determining what percentage of negligence each driver contributed to an accident can be challenging, a good personal injury attorney will be able to make an experienced determination. If you are found significantly less liable for your accident than the other party, you will likely qualify to receive damages, including pain and suffering.

What Are the Benefits of Hiring a Personal Injury Lawyer After a Car Accident?

Experiencing a serious accident can leave you feeling overwhelmed, confused, and distressed. If you are unfamiliar with dealing with insurance companies after a collision, working with a trusted attorney can improve your peace of mind and ensure that you are not lowballed with an unfair settlement offer. Hiring a lawyer can also allow you to devote your time and energy to healing instead of dealing with paperwork and statutes of limitation. Here are some of the things your lawyer will do to build a strong case:

Investigate the scene of your accident
Take photographs and video of property damage
Examine the different points of impact
Interview any potential witnesses who were at the scene
Obtain police reports
Seek out video footage from traffic cameras, dashboard cameras, and security cameras in nearby buildings
Work with accident reconstruction experts
Utilize knowledgeable medical experts to testify to your injuries and losses
Obtain and analyze medical reports
Protect you from unwanted contact with insurance reps
Handle all third-party communications and negotiations
Help you avoid pressure from insurance companies to accept a low settlement offer
Protect you from being blamed for your accident
Seek a fair and favorable settlement
Take your case to court if necessary

How Much Does It Cost to Hire a Personal Injury Attorney After a Car Accident?

At Trust Guss, our team works on a contingency fee basis. This means that you pay no fees upfront. If we are successful with your claim, then a percentage of your award goes toward our payment. The fee we receive is contingent on your compensation amount, so it is a win-win situation.

Your consultation is also free, and there is no obligation to hire us after the initial meeting. Essentially, you have absolutely nothing to lose by contacting our team of experienced personal injury lawyers today for a no-cost case evaluation. We have over 30 years of expertise in handling car accidents and other types of collisions, and we will fight tirelessly for your rights to be upheld, standing in your corner through thick and thin. Reach out today to get started.

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