In a car accident case, you can claim both compensatory and general damages. A injury lawyer can easily claim and prove compensatory damages as they only need proof of your economic losses, e.g., your medical bills. However, claiming and proving general damages is more challenging as general damages include your pain and suffering.
In this article, the Philadelphia car accident lawyers at Cousin Benny explain the legal definition for pain and suffering, types of pain and suffering associated with car accidents, as well as methods for calculating pain and suffering and the types of evidence used.
If you or your family have been injured in an auto accident in Philadelphia, let our attorneys fight to get you the just compensation you deserve. Contact us today.
Legal Definition of “Pain and Suffering”
Per §1702, the legal term for pain and suffering is non-economic damages. Stated more clearly, non-economic damages are the losses you suffered which do not have an exact dollar value. Specifically, non-economic damages include the physical pain and mental trauma you experienced due to your car accident.
Physical Pain and Suffering
Depending on the collision’s severity, car accident victims experience different levels of pain and suffering. Physical pain refers to the pain you experienced from your injuries and subsequent medical treatment. Suffering means the length of time you were affected by the pain from your injuries.
Mental Anguish from Physical Injury
Mental anguish means the resulting mental effects from your physical injuries and the collision. You may be mentally traumatized from the automobile collision. Additionally, you likely experienced mental anguish and discomfort from the sight of your physical injuries.
Types of Pain and Suffering Associated with a Car Accident
While car accident victims suffer different types of physical injuries, the pain and suffering they experience are often similar. Specifically, car accident victims experience physical pain in the injured areas of their bodies. Additionally, they are often mentally traumatized due to the terrifying nature of automobile collisions.
Common Injuries Associated with Pain and Suffering
Car accidents cause victims to suffer terrible injuries. These injuries are painful and sometimes permanently change the lives of injured victims. Common injuries include:
- Back injuries
- Broken bones
- Neck injuries
- Traumatic brain injuries
- Spinal cord injuries
See our article about other symptoms and delayed symptoms after a car accident.
Methods for Calculating Compensation for Pain and Suffering
There is no precise method to calculate the financial value of an injured victim’s pain and suffering from a car accident. Some insurance carriers declare 50% of a victim’s medical bills as the value of a victim’s pain and suffering. But this method is arbitrary and does not reflect the true value.
“Multiplier” Method
Under the multiplier method, your pain and suffering is assigned a numerical value on a scale of 1 to 5. The numerical value of your pain and suffering is based on a variety of factors, including but not limited to the type and severity of your injuries, the permanent effects of your injuries, and the extent of the other driver’s negligence. After a numerical determination is made, it is multiplied against the total amount of your medical bills, which then provides the value of your pain and suffering, e.g., 5 x $1,000 = $5,000.
“Per Diem” Method
Under the per diem method, the value of your pain and suffering is based on two factors. Specifically, the number of days you suffered physical and mental pain due to your injuries and the financial value of each day. These two numbers are then multiplied, producing the monetary value of your pain and suffering, e.g., 31 days of pain X $100 per day = $3,100.
Types of Evidence and Documentation to Prove Pain and Suffering
As your pain and suffering is based on your injuries, your medical records can provide objective evidence which supports your claim. Photos of your injuries and any resulting scarring are also strong evidence of your pain and suffering. Finally, your testimony regarding how your injuries affected your daily life is also strong evidence.
How Insurers Fight Pain and Suffering Claims
An insurance company will often retain expert medical witnesses who argue car accident victims suffered minimal injuries and only experienced minor discomfort. Additionally, an insurance company will scour social media platforms for unflattering post-accident photos or videos to argue car accident victims suffered no injuries. Similarly, an insurance company will hire private investigators to follow injured victims to record them performing strenuous physical tasks.
How Can a Lawyer Help You Prove Pain and Suffering?
The injury attorneys at Cousin Benny can gather evidence of your pain and suffering for your injury case. Specifically, Cousin Benny’s legal team focuses on obtaining your medical records, photographs of your injuries, and your friends’ and family’s testimony regarding how your injuries affected your life. Finally, they can use their litigation and advocacy skills to build a strong case regarding the severity of your injuries.
Other type of accidents we handle
Hire the Philadelphia Car Accident Lawyers at Cousin Benny for Your Pain and Suffering Case
Insurance carriers focus on minimizing and downplaying the injuries car accident victims suffered. The car accident lawyers at Cousin Benny focus on keeping insurance companies honest by ensuring their clients are properly compensated for their injuries. Regardless of whether you’re from South Philadelphia or Northeast Philadelphia, we can help.
For a free consultation, contact us today!
