After a car accident, the at-fault driver’s insurance company is often responsible for compensating individuals who experience pain and suffering. This compensation is awarded based on the severity of the injury and the impact it has on the victim’s life. A car accident lawyer can help you understand how to calculate and prove pain and suffering in a legal case. Here are some of the methods used by insurance companies to calculate and prove pain and suffering:
Using the Multiplier Method
The multiplier method is a commonly used approach by insurance companies to calculate pain and suffering in a car accident case. This method involves assigning a number between 1.5 and 5 to the severity of the injuries sustained by the victim. The number chosen is then multiplied by the total cost of medical expenses, lost wages, and other damages incurred due to the accident. This technique is based on the belief that more severe injuries will result in higher compensation for pain and suffering. A broken bone may have a higher multiplier than whiplash, as it takes longer to heal and can have a greater impact on daily life.
Using the Per Diem Method
The per diem approach entails allocating a specific monetary value for each day required for an injury to heal. The daily rate is then multiplied by the number of days the injury will take to heal, resulting in a total compensation amount. This method is typically used for minor or short-term injuries. It accounts for the actual time needed for recovery rather than other factors that may vary from case to case. A car accident lawyer may use this method when working with a client who has sustained injuries from an auto accident. The calculated monetary value can be combined with medical expenses and lost wages to determine the total amount of damages.
How To Prove Pain and Suffering
In a personal injury case, the burden of proof for pain and suffering lies with the plaintiff. They can use several strategies and types of evidence to help establish and demonstrate pain and suffering. These evidence types include:
Medical Records
Detailed medical records include doctor’s notes, X-rays, and other diagnostic tests. These records can help prove the extent of physical injuries and the pain and suffering caused by them. They may include any prescribed treatment plans or medications to strengthen the case further. Depending on the injury, physical therapy or rehabilitation sessions may also be included in the medical records to show the ongoing impact of pain and suffering.
Expert Testimony
Expert testimony can be used to bolster your claim in a car accident case. Medical experts can objectively assess your injuries, anticipated recovery period, and the potential for long-term effects. Their professional opinion helps validate the severity of your physical pain. Mental health professionals play a role in validating emotional suffering.
Visual Evidence and Witness Statements
Visual evidence, like photographs of injuries, can serve as proof of your physical pain. Pictures taken over time can document the healing process, showing the duration and severity of your suffering. Witness statements can also be useful. Family members, friends, or coworkers can testify about your condition before and after the accident.
Contact a Reputable Car Accident Lawyer
Several calculations and evidence types can be used to strengthen a case following a car accident. The multiplier and per diem methods help estimate pain and suffering damages, while medical records and expert testimonies help prove them. Partner with a car accident lawyer for guidance on the most suitable method to calculate and prove your sustained damages. They can help protect your income by seeking compensation for the physical, emotional, and mental toll of a car accident.
