How Is "Pain & Suffering" Calculated in a Car Accident Case?
After a car crash, you may have the right to recover compensation for the “pain and suffering” you experienced due to the accident. Insurance companies and juries use various methods to calculate pain and suffering. Pain and suffering is a very general term used to describe all compensation you are entitled to recover other than economic loss. Courts typically instruct juries to use their common sense and personal experience to evaluate how much compensation to award for pain and suffering.
Contents
What Is “Pain and Suffering”?
“Pain and suffering” refers to physical anguish or emotional distress a person experiences due to an accident and the injuries they suffered in the crash. Physical pain can include the pain caused by injuries and subsequent treatments or rehabilitation, such as post-operative pain. Emotional distress can include mental trauma caused by the accident or depression/anxiety that results from injuries, disabilities, or disfigurement.
Is There an Average Pain and Suffering Settlement Amount for a Car Accident?
Each car accident victim will experience different losses due to pain and suffering following a crash. The same type of injury can cause different kinds or levels of pain and suffering for different people. Various factors will determine how much money a car accident victim might recover for pain and suffering in a personal injury claim, including:
- The form of impact from the collision
- The type and severity of injuries suffered in the accident
- The duration of the recovery and the types of medical treatment and rehabilitation received
- Whether injuries result in prolonged or permanent disabilities or visible scarring or disfigurement
- The extent of insurance coverage or other financial resources available
- The extent of objective medical evidence of pain and suffering
- The strength of the testimony or family members or friends regarding the effects of the accident
- The pain and suffering awards issued by juries in the area in similar car accident cases
Some insurers determine the value of pain and suffering claims by multiplying the number of weeks of treatment by some amount they deem reasonable compensation for pain and suffering. When they use this method they do not always include a maximum number of weeks of treatment which should be allowed for the injury involved. This means of valuation is faulty for many reasons and should be vigorously opposed. We all know that some people heal faster than others, some treatments are more painful than others, some people get less treatment because they do not have health insurance, and some stop treatment because they cannot afford to miss work. This is simply not a reasonable way to determine damages for pain and suffering.
Insurance companies value cases based on “averages” of what has been paid to compensate for similar injuries in thousands of other cases. This average is taken from a wide range of values and overlooks the fact that every case is different.
You may need various kinds of evidence to show an insurance adjuster or jury how physical pain and emotional distress have negatively affected your life. Once an adjuster or jury understands how the car accident has affected your life, they can use their experience and common sense to determine what fair compensation may look like for you. Examples of evidence that a car accident attorney might use to prove the amount of pain and suffering compensation you deserve to recover include:
- Accident scene photos and videos showing the severity of the crash
- Photos of your visible injuries
- Medical records of your accident injury treatment and rehabilitation
- Your healthcare provider’s treatment notes and progress reports
- Bills and invoices for long-term care or support services you need due to your injuries or disabilities, including home health services, housekeeping, or childcare assistance
- Documentation of medical restrictions or work accommodations for your injuries or disabilities
- Medical and vocational expert reports and testimony
- Testimony from your family members or friends regarding the effect of the accident and your injuries on your physical and emotional well-being
How Long Do I Have to File a Claim for Pain and Suffering in North Carolina?
Under North Carolina’s statute of limitations, plaintiffs typically have three years to file a lawsuit against an at-fault driver or party to recover compensation for their pain and suffering due to a car accident. You may have more or less time to file your claim under various circumstances. However, you should promptly contact a car accident attorney after a crash to ensure that you file your claims on time. If you file a claim for pain and suffering after the applicable deadline, you may lose the opportunity to seek financial recovery for your injuries in civil court.
Contact a North Carolina Car Accident Lawyer
If you’ve experienced debilitating physical pain and emotional suffering after a car accident, you deserve to seek financial recovery and justice from those at fault for the crash. Contact The Law Offices of John Drew Warlick, P.A., today for a free, no-obligation consultation with an experienced North Carolina car accident lawyer. A member of our legal team can discuss your legal options for pursuing a pain and suffering claim.
