If you’ve been in an accident that was not your fault, chances are you’re seeking compensation for medical bills and lost wages while you heal. But did you know it’s possible to include pain and suffering from an auto accident in a lawsuit? Non-economic damages such as fear, fatigue, and anxiety may not have a specific price tag, but they can greatly affect your quality of life. We’ll tell you how the right personal injury attorney can ensure you get what’s owed to you. 

What is “Pain and Suffering?”

Pain and suffering is the legal term that attorneys use to define the physical and emotional distress caused by an injury that diminishes your quality of life. For instance, an intense fear of driving after being hit might prevent you from taking your kids to school. Or, the chronic pain in your neck from whiplash makes you much less efficient at work. Those are both things that interrupt your daily life, but it is difficult to pinpoint their exact cost…and so equally difficult to determine what compensation should be.

Physical and emotional distress can cause life-altering changes including:

• Anxiety
• Depression
• Fear and shock
• Chronic pain
• Exhaustion or fatigue
• Insomnia
• Migraines
• Nerve damage affecting movement
• Humiliation due to scarring or disfigurement

All of these can make it difficult to work while also preventing you from participating in activities you previously enjoyed, such as sports, hobbies, and social events. In addition, distress from the accident can greatly affect relationships with your spouse, children, and friends. What’s worse? Pain and emotional problems might continue for years, impacting your chances of thriving as you would have if the accident hadn’t happened.

Some specific examples of pain and suffering that attorneys may present in a settlement include:

• Disfigurement. Even after pain has subsided, car accident victims can be left with scars, burns, or lost limbs that will affect their appearance and self-image for the rest of their lives.
• Loss of enjoyment of life. A clear line can be drawn between the lifestyle of a victim before and after the accident. Depression, anxiety, and pain from car crashes prevent people from doing things they had previously enjoyed.
• Anger. Chronic anger is not uncommon in car accident victims due to PTSD or the presence of a traumatic brain injury. This affects not just the victim, but their family and coworkers.
• Loss of companionship. Some car accident victims who were able to show compassion for and care for children before the incident are no longer able due to personality changes and depression. This can also affect married couples. 
  

How is a Pain and Suffering Lawsuit Calculated?

Compensation in a lawsuit depends on the severity of injuries, the expected duration of recovery, and the impact of injuries on daily life. Some ways that lawyers for pain and suffering quantify a case include:

Daily Rate Method

When an auto accident affects a person’s ability to work, we can take the amount the victim made per day before the accident, then multiply that amount by the number of days that pain and suffering were experienced. For example, if a person was earning $400 per day before their accident, and was unable to do that job because of a hand injury, and rehabilitation takes 100 days, they may be entitled to pain and suffering at a rate of 100 x $400, or $40,000.

The Multiplier Method

A more common method of quantifying a pain and suffering lawsuit is to assign an injury victim a “multiplier” based on the severity of injuries. On a scale of 1.5 to five, with 1.5 used for minimal injuries and five being very serious, we multiply the amount of economic damages by that number. For instance, a person with moderate injuries (a multiplier of 3) who suffered $400,000 in hospital bills would be entitled to $1,200,000 in damages for pain and suffering.

Permanent Effects

Disability or disfigurement that will impact a victim for the rest of their lives will typically result in higher damage amounts. Factors considered include future lost wages if the person is unable to work again, paying a full-time caregiver, and other lifelong expenses. 

The Importance of Hiring the Best Lawyers for Pain and Suffering Cases

Insurance companies for the at-fault driver will try to offer the lowest possible amount to compensate accident victims. Experienced personal injury attorneys will work to get a fair settlement amount that will cover your physical injuries, property damages, and physical and mental anguish. A knowledgeable lawyer will: 

• Send a demand letter that includes pain and suffering. While negotiating an out-of-court settlement, a demand letter will be sent to the insurance company that seeks a value to cover medical bill expenses, lost wages, damages to the vehicle, and non-economic damages.
• Gather evidence of pain. Prescription records for pain medications as well as testimonials from doctors can validate the amount of pain you are dealing with. This is highly beneficial should the case go to court. 
• Prove mental anguish. Evaluations from psychiatrists, psychologists, and other mental health providers can explain to jury members how the accident has impacted your emotional and mental stability. Juries have a hard time calculating how much pain and suffering from an auto accident is worth. Hearing from experts can help them agree to a higher settlement. 

While some states have caps on the amount of pain and suffering compensation accident victims can receive, New Mexico has none. By working with our attorneys at Kane, you can improve your chances of receiving a settlement amount you truly deserve. Contact us today to schedule a free, no-obligation consultation where we explore your next steps.