Claiming pain and suffering damages after a car accident

December 9, 2022 | Crandall & Pera Law
Claiming pain and suffering damages after a car accident

Most drivers in Ohio and Kentucky aim to be cautious and responsible. Sadly, some car accidents can occur without warning. Many people who sustain physical injuries in such accidents have pain and suffering damages as well.

Understanding pain and suffering damages

Some losses that victims of car accidents incur are those that fall under the category of non-economic damages. These include pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, physical disfigurement or impairment, and mental anguish. Because these damages can’t be tied to any specific dollar amount, they’re sometimes challenging victims are seeking compensation.

How pain and suffering damages are calculated

The multiplier method is one of the most common ways to calculate pain and suffering damages in a car accident claim. To do that, the person’s medical bills are multiplied by a number ranging from 1.5 to 5. Certain factors can determine whether these damages are valued higher or lower, such as the severity of the person’s injuries, how the injury affects their daily life and the other party's fault. In other words, if the person was left with moderate injuries and medical bills amounting to $5,000, the insurance company might use a 2 as the multiplier. This would equate to $10,000 attributed to the victim’s pain and suffering damages. Another option for determining the monetary value of pain and suffering in a car accident claim is the per diem method. While it’s less common than the multiplier method, it involves assigning a specific dollar amount to the number of days the victim has dealt with pain and suffering. However, it doesn’t account for permanent injuries.