If you’ve been injured in an auto accident, additional pain and suffering may exacerbate or prolong your recovery. Individuals involved in traffic accidents may claim pain and suffering damages for physical discomfort such as chronic pain and for emotional distress such as anguish and psychological trauma. This broad category of damages may also include (but is not limited to) post-traumatic stress disorder (PTSD) and loss of enjoyment of life.
These types of injuries may manifest in stress ulcers, mood swings, severe headaches, anxiety attacks and other medical conditions. However, they’re generally less tangible and can be difficult to prove. Fully understanding these types of injuries can help as you work to get the pain and suffering settlement you deserve.
[READ: How to Report a Traffic Accident to the Police]
What Is Pain and Suffering Compensation?
Victims may continue to suffer in unforeseen ways after an auto accident. Pain and suffering, separate from liability for more clearly defined damages like medical bills and lost wages, includes injuries that are less-tangible–but still quite common. One study estimated that 45% of road traffic injury victims suffered crash-related chronic pain two years after the accident, and another study found that traffic accidents are the leading cause of PTSD in the general population.
Damages for pain and suffering are a form of general (or “noneconomic”) damages, based on subjective assessments of the plaintiff’s experiences of emotional trauma and/or physical pain. While these damages are often related to a physical injury (whiplash or a damaged spine, for example), even an incident resulting in minor vehicle damage (or no damage at all) can cause emotional trauma.
Pain and Suffering Damages: Car Accident Examples
Getting prompt medical attention after an automobile accident, paying close attention to how you feel in the days, weeks and months afterward and consulting with an attorney are crucial to getting a fair pain and suffering settlement. Examples of incidents that may give rise to a pain and suffering lawsuit or insurance claim include the following:
Traumatic Near-Miss
A motorist swerves out of the path of a large truck that has skidded across a highway into oncoming traffic, narrowly avoiding a head-on collision. The motorist veers into a ditch, avoiding serious vehicle damage and physical injury, but they’re too anxious to drive for several months after the incident. They undergo therapy to overcome their fearfulness after the near-miss.
Scarring and Disfigurement
After being struck by a distracted driver, a motorcyclist is thrown from their bike and suffers severe cuts to their face from striking the car’s windshield. After extensive reconstructive surgery, the victim’s face is badly scarred, resulting in a debilitating lack of confidence, social withdrawal and depression.
Chronic Pain
A driver is struck by another motorist who runs a red light, resulting in a T-bone collision, causing severe injuries to the neck and back. Several weeks after receiving medical care and starting physical therapy, the driver still has pain, and doctors conclude that there is nerve damage (neuropathy) that may last indefinitely.
[Read: What Is a Totaled Car? Overview and FAQ]
How Pain and Suffering Damages Are Determined
Calculating special damages such as vehicle damage, out-of-pocket expenses and medical bills is relatively straightforward. But getting fair compensation for pain and suffering after a car accident is never guaranteed, as noneconomic damages can be difficult to prove and quantify. Getting compensated for a pain and suffering claim without lawyering up can be even more challenging.
Damages for pain and suffering from a car accident are based on how the injury impacts your daily life, your degree of pain and other factors. Claims adjusters and attorneys will put a dollar amount on these intangible losses using one of several methods, such as:
— The multiplier method. Medical costs are multiplied by a number between 1.5 and 5, depending on the severity of your experience.
— The per diem method. A daily amount for general damages is established and multiplied by the number of days you experience the injuries.
Several states limit the amount of general damages you may collect in a personal injury claim. This includes Ohio, which, in some situations limits pain and suffering and other general damages to $250,000, or three times the amount claimed for special damages (whichever is higher).
Evidence for Claims of Pain and Suffering Damages
Claims adjusters and courts rely on testimony, documents and other types of evidence to validate and quantify a victim’s pain and suffering from a car accident. In a personal injury case, your attorney will try to paint a vivid picture of your personal struggles resulting from the accident. Evidence may include:
— Testimony from family and friends, detailing how the injuries have negatively impacted your daily activities and enjoyment of life
— Expert testimony from medical and mental health professionals, who can explain the impact of a given injury and the long-term outlook (disability, chronic pain, etc.)
— Statements from therapists, psychiatrists and others who have provided counseling or psychological assessment
— Photographs from the scene of the accident that can help convey the emotional trauma you experienced from the incident
— X-rays, MRIs, CT scans and photographs of the injuries
While police reports are generally inadmissible as evidence in court, they can be useful during negotiations and can help establish fact patterns in support of admitted evidence.
[Read: How Is Fault Determined in a Car Accident?]
Get the Pain and Suffering Settlement You Deserve
If you’re experiencing chronic pain, anxiety or other intangible losses as the result of a car accident, pain and suffering damages may be available. A good way to prove these injuries and get the compensation you deserve is to speak with an injury lawyer near you.
More from U.S. News
How to Assess Car Damage After an Accident: 5 Steps
How to Prove Emotional Distress After a Car Accident
Common Car Accident Injuries: Overview
Examples of Pain and Suffering Damages After a Car Accident originally appeared on usnews.com
