Few things in life can be as surprising or as jarring as injuries suffered in a car wreck. Since there can be many levels of severity of car accident, and the corresponding injuries, there are more advanced levels of compensation one can seek if there was a negligent party or parties involved in the crash. Those injured always worry about the cost associated with medical expenses, and rightly so with today’s cost of healthcare. However, it is also true those who have suffered emotionally can collect for a different type of damage.
This damages is called pain and suffering, and those seeking it claim to deserve another level of damages due to the emotional pain and trauma they have suffered. Since pain is such a personal experience, it can be very subjective to the person who experience it first-hand. Some factors considered by courts when a car accident victim is seeking pain and suffering can include the severity of the injury, potential recovery time and even the personality or charisma of the victim or their legal representation. Sometimes the ‘multiplier method’ is used as a way to justify or calculate pain and suffering damages.
Since pain and suffering is what’s called a special damage, some will attempt to use the multiplier method to put a dollar figure on pain and suffering. This is attempted by taking all calculable damages, like hospital bills, and multiplying them to account for pain and suffering. There are other methods used to determine pain and suffering. However, pain and suffering is such a specific experience for everyone, there isn’t necessarily a right or a wrong way to determine how a victim should calculate pain and suffering.
Most importantly, it is helpful for car accident victims and their families to know that their pain is an actual potential damage. Personal injury suits don’t always just cover the practical damages like medical bills and lost wages. There is another side to it that allows those who have suffered and may continue to suffer to achieve another level of damages. This can help with easing some of that suffering by making it easier on the victim financially.
Source: injury.findlaw.com, “Car Accident Pain and Suffering Damages,” Accessed January 9, 2017