Want to get fair compensation after a serious crash?
After an accident most people think about medical bills and car repairs. But there’s a giant pot of gold they typically leave behind… pain and suffering damages.
Here’s the thing:
Pain and suffering can be worth tens of thousands (or hundreds of thousands) of dollars. But it is way harder to prove than most people realize. It’s not just a matter of showing a hospital receipt.
Totaling $513.8 billion in 2023, motor vehicle injury expenses are forcing more injured crash victims into the fight for compensation than ever before.
So how do you prove pain and suffering and get what you really deserve?
Let’s break it down step by step…
Pain and suffering is a legal term for non-economic injuries you suffer after an accident. It is separate and distinct from your medical expenses and lost income. You should think of it as compensation for everything you can’t quantify.
This can include:
There’s no hard dollar amount like on a hospital bill, that’s what makes it so difficult to prove. Insurance companies know this as well… and will often lowball you.
When you have been seriously injured, the outcome of your case can be the difference between a few thousand dollars and a substantial recovery. Partnering with an experienced Virginia car accident law firm can make a big difference. They work hard to build your case through medical records, your personal testimony, and often an accident reconstruction expert to prove exactly what happened and the extent of your injuries.
Physical injuries are readily provable. X-rays, photos and medical reports all tell a vivid story.
But pain?
That’s invisible.
Insurance adjusters often have software that suggests pain and suffering amounts. The programs only suggest lowball offers based on a very limited set of injury codes. They sometimes fail to consider factors like:
Add to that the fact that insurance adjusters are trained to minimise claims. Their job is to save the company money, not to make sure you get a fair deal.
The truth is… Without good evidence, pain and suffering claims can be a game of luck. That is why the strongest claims contain multiple types of proof.
Documentation is the key to a strong pain and suffering case. The more you have, the better the claim.
Here’s what you need:
Emotional injuries are more difficult to demonstrate than physical injuries. However, this does not mean that they are not important. PTSD, depression and anxiety can drastically alter a person’s life. Supporting treatment notes from a psychologist or psychiatrist are necessary to strengthen a claim.
This is where things get interesting.
Accident reconstruction expert is a trained professional who studies the crash site to determine what actually occurred. They utilize…
…to put together a complete picture of the crash.
So why does this matter for pain and suffering?
Crash severity relates directly to your injury claim. If an accident reconstruction specialist can demonstrate the collision was violent and forceful, it is far easier to establish that your injuries and emotional suffering are legitimate.
For example…
Let’s pretend you got rear-ended at a “low speed” according to the other driver. An accident reconstruction expert can demonstrate through vehicle damage and physics that the impact speed was actually 25+ mph. Big upgrade in your favor.
Bonus: They appear unbiased and knowledgeable. Jurors believe what they say, driving settlements exponentially higher.
Without this type of expert witness, your claim may collapse. The opposing attorney will shred your story. With good reconstruction evidence the case becomes a hard fight.
There are two main methods used to figure out pain and suffering damages:
1. The Multiplier Method
Insurance companies calculate your economic damages (medical bills + lost wages) and multiply them by 1.5 to 5 depending on the severity of your injuries.
Here is a simple example. If you have $50,000 in medical bills and a moderate injury with a 3x multiplier your pain and suffering damages would be $150,000. This is in addition to your economic damages.
2. The Per Diem Method
An arbitrary dollar figure is assigned to your pain. This number is multiplied by the days you have endured.
Both are useful. A savvy lawyer can argue for one or the other, depending on the case. In the majority of cases, the multiplier method is used because it’s easier to compute. But some cases (like permanent disability) do far better with the per diem method.
There are a few traps that can sink a pain and suffering claim:
Avoid these mistakes and you’re already ahead of most claimants.
The key to proving pain and suffering in a car accident lawsuit is evidence. The better the evidence, the greater the award.
Quick recap:
Insurance companies do not have your best interest at heart. They will contest every penny that you demand from them. With strong evidence and an effective legal team on your side, however, you can fight back against them and receive the full amount to which you are entitled.
Your pain is real… make sure your settlement reflects that.
