How Is “Pain and Suffering” Determined after a Car Accident?

Feb 20, 2020

How Is “Pain and Suffering” Determined after a Car Accident If you have suffered car accident injuries, you may be interested in filing a personal injury claim and pursuing a car accident case. Three main components are used to determine the value of a personal injury claim: reimbursement for medical bills, lost income, and pain and suffering.

While medical bills and lost income are more easily quantifiable, “pain and suffering” is a more ambiguous part of an injury claim.

Medical Bills

It is important to seek medical attention for any auto accident injury as soon as possible, even if symptoms seem mild at first. If your personal injury lawsuit is successful, you could be compensated for medical bills related to the accident and associated injuries.

At AICA Orthopedics, our team of orthopedic surgeons and specialists can provide you with an individualized treatment plan to address your specific car accident-related injuries.

Lost Income

If an injury keeps you from your job, you may also be able to receive a reimbursement for any lost wages. Generally, lost income relates to the number of days you were unable to work and therefore unable to receive a paycheck. However, there are other ways to define lost income, including any sick or vacation days used by salaried employees to avoid a lack of compensation.

Pain and Suffering

It is more complicated to define and calculate “pain and suffering” because it can include a variety of factors. When working with personal injury lawyers and car insurance companies, determining the value of your pain and suffering is key to any claim related to a car accident and injury.

How to Quantify Pain and Suffering

Multiplier Method

The Multiplier Method is a common method for defining pain and suffering damages. This method calculates damages as the total amount spent on medical bills and the total amount of lost wages to define a dollar amount.

Then, that dollar amount is multiplied by a specific number. Historically, insurance companies would use the number 3, but this number has been considered more arbitrary lately and personal injury lawyers and car insurance companies.

Now, a multiplier may be on a scale of 1 to 5, based on the severity of the injuries; thus, a multiplier of 4 or 5 would be used in the case of a more serious accident.

Daily Rate Method

The Daily Rate Method, also referred to as the Per Diem Method, is an alternate way to quantify pain and suffering damages. With this method, pain and suffering is calculated using a daily rate with an assigned amount of money. The daily rate is similarly based on the dollar amount of medical bills and lost wages, related to the number of days spent under medical care and out of work.

Combining Methods

Perhaps a more strategic and effective method would be to combine the two methods for the most accurate valuation of pain and suffering. In this instance, one would utilize a combination of the dollar amount assigned to medical bills and lost wages, the severity of an injury, and the amount of time spent receiving medical care and being out of work. All these factors can help contribute to quantifying pain and suffering for a more accurate figure.

Importance of Seeking Medical Care As Soon As Possible

When you have been in a car accident, you may not experience serious symptoms of injury right away. However, it is still important to receive a thorough examination to rule out any hidden injuries and avoid any unwanted long-term effects of undiagnosed injuries.

Severity of Injuries

It is important to seek attention from a medical team that’s experienced in treating car accident injuries. AICA Orthopedics has a skilled team of orthopedic doctors and surgeons who have extensive experience in treating a variety of injuries sustained in a car accident.

Our doctors can use state-of-the-art diagnostic tests to assess the areas of potential injury to ensure a comprehensive diagnosis is reached. We also provide individualized treatment plans that will only prescribe the appropriate amount of medical care to treat your injuries.

Length of Recovery

The team of specialists at AICA Orthopedics uses comprehensive treatment plans to anticipate recovery time in conjunction with specialized care for our patients. The medical treatment plan and length of recovery could include comprehensive care from our orthopedic doctors and surgeons, chiropractors, and physical therapists.

Schedule a medical exam with one of our doctors today and let us effectively treat any car accident injuries so you can file a comprehensive claim as soon as possible!


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