After a traffic accident on a Los Angeles freeway or anywhere else in the city, you’ll have to focus on two things. Getting the best medical care available so you can heal and making sure an at-fault driver is held responsible for every cost of recovery.
You’ll have to accurately calculate the physical and financial damages you’ve suffered. But you should also hope to receive support for things that are harder to put a dollar amount on, such as the “pain and suffering” you endure due to an injury. The mental hardships you experience after a collision are no minor matter when you are going through a long and difficult recovery.
What Is Pain and Suffering In an L.A. Car Accident Settlement?
Some damages you experience after an injury come with a bill or invoice. All of your medical care is documented in itemized bills. They can easily be totaled to let a car insurance provider for an at-fault driver know how much they own you. These are known as economic damages.
Non-economic damages also potentially factor heavily into the compensation you receive, but they can be more difficult to estimate. Things like the amount of pain you suffer and the emotional trauma you deal with don’t come with a price tag. Yet, we know they can be just as debilitating for victims.
“Pain and suffering” is a legal term used to group these types of non-economic damages into one category. Demanding support for the pain and suffering you’ve been put through and the anguish you may experience in the future can increase the compensation you receive through an insurance claim.
Estimating Pain And Suffering Damages
A major accident can leave victims experiencing pain 24 hours a day. That pain may turn into a chronic condition. The discomfort could be something victims must cope with for the rest of their lives.
The emotional trauma of an accident is also a major obstacle for some victims. Anxiety, depression, and PTSD symptoms can all remain long after the physical symptoms of a Los Angeles Car Accident have healed.
How do you calculate the monetary value of pain and suffering? The truth is, each case is very different. Your personal injury lawyer would need full details on your accident and the struggles you’ve encountered during recovery before attempting to estimate what you should expect in compensation.
There are some basic pain and suffering calculation methods that some insurance companies will use when coming up with a settlement offer. Of course, any calculation method will be disputed, with an insurance adjuster arguing for the lowest award possible. It will be up to you and your Los Angeles Car Accident Lawyer to make sure you get what’s absolutely fair for what you’ve been through.
Multiplier Method for Calculating Pain And Suffering
The multiplier method is the most common method insurance companies use to try to put a monetary figure on pain and suffering.
First, the economic damages suffered by the victim are totaled. Again, economic damages (also known as special or actual damages) are derived from the medical bills you receive, the income you miss while away from work, and other financial losses.
- For example, after a week in the hospital and out of work, let’s say your financial losses totaled $20,000. (example continues below)
Next, a multiplier from 1.5 up to five or more would be assigned to the pain and suffering the victim has experienced. Five would be the high end of the scale. Five would be used when your injuries are severe and your recovery takes a substantial amount of time. It can also hinge on how much an injury changes your normal way of life.
- Back to our example, let’s say you suffered broken bones in an accident and were on crutches for a month. It’s possible a fair multiplier of 5 would be agreed upon by you and your insurance company. Your $20,000 in economic damages would be multiplied by 5. Your pain and suffering award would be estimated at $100,000.
Of course, the challenge is to make sure the insurance adjuster in your case commits to a fair multiplier number relevant to your case. This multiplier will be argued over and can lead to fierce negotiations between your Los Angeles traffic accident attorney and an insurance company.
Daily Rate Method for Calculating Pain And Suffering
Another way to calculate an award for pain and suffering is the “daily rate” or “per diem” method.
This method relies on establishing a monetary amount for a single day of your suffering. Then that dollar figure is multiplied by the number of days you spend in recovery and experience pain.
Sometimes the wages you earn in a single day are used as a baseline to start from. The portion of your usual paycheck you earn in a single day is used to determine how much you could receive in a pain and suffering accident claim.
It’s easy for the victims of a severe injury or a permanent disability to be shortchanged by the “daily rate” method. It’s important to allow a personal injury lawyer to handle your Los Angeles Car Accident case when your comfort and care over a lifetime are at stake.
Documenting Pain for Your Los Angeles Car Accident Injury
When using the multiplier method or any other means to calculate pain and suffering, it’s important to have the strongest physical evidence possible. You want to show concrete evidence to show the pain you’ve endured and the mental trauma you’ve experienced.
These are just a few ways to prove the hardships you’ve faced and show where the blame lies for your pain and suffering:
- Medical Testimony – Tell your doctors about the pain you are experiencing. Detail the effect it’s having on your life. Follow their recommendations on treatment plans as closely as possible. Your doctors will be documenting your experience and that verified documentation is strong evidence in a courtroom or during settlement negotiation. Your doctors and other expert medical witnesses may be asked to testify on your behalf.
- Mental Health Testimony – Mental health professionals can also testify on your behalf and serve as expert witnesses. Psychologists, counselors, clinicians, and therapists can attest to the distress you’ve experienced and talk about the care you’ll need in the future.
- Change in Lifestyle – Proof of the everyday effects of pain and suffering on your life. This may be due to a long-term or permanent physical disability. The cost of medical devices needed to provide you with some freedom must factor in. The home and work modifications made on your behalf also prove the major changes brought to your life. Your family and friends can speak about the changes in your daily routine.
- Police Reports and other Documentation – The CHP or Los Angeles Police Department collision report from your accident will serve as valuable evidence. Their determination will also be key in proving the fault of the other driver. Pictures from the scene and pictures of your injury also provide convincing evidence of what you’ve lived through. All invoices from your medical care should also be presented.
Maison Law’s California Personal Injury Settlement Calculator
There’s a no-risk way to get a better idea of what your injury and the pain it’s caused is worth. Maison Law of Los Angeles offers a free, no-obligation case consultation to all victims of a roadway accident in Southern California.
Drivers, passengers, motorcyclists, pedestrians, and bicyclists are entitled to schedule a free case evaluation to speak with a real Los Angeles attorney at Maison Law. It’s the only reliable way to know what an at-fault driver’s insurance company should be providing to you.
Before your free consultation, you can take advantage of Maison Law’s own version of a Personal Injury Settlement Calculator. You can try it out here. This calculator is not intended to provide legal advice. The best use of this calculator and others is to inform the victims of serious accidents. Victims should have a fair idea of the level of support they should demand from an insurance company.
