In a car accident case, the term "pain and suffering" is used to encompass not just the different types of physical and emotional damage caused by the crash, but a number of other negative effects on the life of the claimant or plaintiff. This includes:
- physical pain and general discomfort associated with the accident itself and the resulting injuries
- pain and discomfort caused by medical treatment of the injuries (i.e. surgery, physical therapy, etc.)
- temporary and permanent limitations on the victim’s daily activities;
- depression;
- post-traumatic stress disorder linked to memories of the accident; and
- permanent scarring and disfigurement.
These kinds of damages are often a critical element of any car accident settlement, but it isn't always easy to know how to prove pain and suffering -- how do you show its existence and severity, and how do you put a dollar figure on it?
How are Damages for Pain and Suffering Calculated?
Pain and suffering can be very subjective -- very real to the person who is experiencing it, but not so easy for an outsider to comprehend. The "pain and suffering" element of a car accident settlement can be impacted by a variety of factors, such as:
- the severity of the victim’s injuries;
- the extent of the immediate and long-term medical treatment received by the accident victim;
- the pain associated with the medical treatment received by the accident victim;
- the likelihood that the accident victim will make a full recovery;
- the impact the injuries have had on the accident victim’s daily routine and activity level;
- whether the accident victim followed the course of treatment prescribed by his or her physicians;
- whether the medical treatment received by the accident victim was reasonable in light of the types of injuries sustained;
- whether the accident victim’s actions were consistent with those of someone who is in physical or emotional pain;
- the types of prescription medications prescribed to the victim and the side effects associated with those medications;
- the accident victim’s credibility as a witness;
- whether the accident victim had any pre-existing injuries or medical conditions at the time of the accident;
- whether the accident victim has a history of filing personal injury claims;
- the accident victim’s age, marital status, family status, and occupation; and
- the accident victim’s tolerance for pain.
But what about placing a dollar figure on pain and suffering after a car accident? There are two common approaches for doing this. The first method multiplies the known expenses related to the crash (medical bills and lost income) by a multiplier somewhere between 1 1/2 and 4, depending on the circumstances of your case. The second method, the "per diem" approach, tries to put a "per day" (or "per diem" in Latin) dollar value on the cost of pain and suffering. Learn more about both methods in How to Calculate Pain and Suffering Damages.
