Your injuries were the result of a car accident caused by someone else. Aside from paying for medical care and repairs to your car, you may be able to collect damages for your suffering as a result of the collision.
If you were injured in a car accident, you may be able to receive compensation for your medical bills, lost wages, and pain and suffering. Car accident victims who suffer pain and suffering damages can read on for more information from a car accident lawyer.
Damages of Various Kinds
Special damages and general damages are the most common types of damages awarded in personal injury lawsuits across the country. Specific economic harm is linked to specialized damages. As a result, you could lose wages due to time off from work, damage to your vehicle, or medical costs. “noneconomic damages,” on the other hand, include the following types of damages:
- Distress and anguish
- Disfigurement or impairment of the body
- Shorter life expectancy
- Anguish in the mind
- Companionship and partnership are lost.
- a decrease in the quality of life
- Anxiety and depression
Predicting the Risk of a Motor Vehicle Accident Distress and Anguish Damages
The process of determining the extent of property damage or medical expenses is straightforward. In most cases, a victim can prove these losses by showing a repair estimate from an auto shop or medical bills. By comparison, calculating the pain and suffering caused by a car accident is a lot harder. How can a person who has been hurt in a car accident demonstrate the value of their pain and trauma?
A person’s perception of their own level of suffering and pain varies widely. Nearly identical injuries can be described or experienced by two people in vastly different ways. Standards or guidelines for pain and suffering damages in auto accidents are difficult or impossible to produce because of this.
In practice, courts take into account a variety of factors when determining the amount of damages to be awarded for pain and suffering.
- The extent of the damage
- what the scars look like and where they came from
- Recovery time is required and there is a risk of long-term repercussions
- Amount sought as compensation for pain and suffering
- socioeconomic and political considerations
- The injured party’s personality and charisma
- Attorney’s personality and charm
- Caps are damaged by the state.
Method of Multiplying
Some attorneys utilize the “multiplier approach” to determine pain and suffering damages. A multiplier is applied to the overall amount of exceptional damages. It is based on the idea that injuries with higher monetary costs (such as hospital expenses) are more serious than those with lower monetary costs.
There are flaws in the multiplier method. In any case, it’s a good place to start when figuring out how much a victim deserves in pain and suffering damages after filing a vehicle accident lawsuit.
The Per Diem Approach
Damages for pain and suffering can be calculated using the per diem technique in specific instances. The term “per diem” refers to a day.
Damages are calculated using an average daily rate for each day that the victim of an accident has been harmed. How long has the sufferer been suffering and how long will they continue to suffer as a result of the injury? How much agony can they bear?
Lawyers typically use the injured person’s regular income/salary to determine an appropriate daily compensation sum. Living with the pain should be at the very least comparable to a full day of work. In the end, if given the opportunity, an injured person would gladly trade their health and employment for any compensation they receive.