Property damage after a car accident is easy to quantify. However, the difficulty lies in calculating damages that one can’t see—for example, the lingering physical injuries and mental anguish you live with after a traumatic event.
Clients often ask us, How much do you get for pain and suffering in a car accident?
After enduring a challenging event like a car accident, worrying about recovering a fair amount for your injuries may feel an overwhelming task. Although you can make a pain and suffering claim without a lawyer, you stand to recover much more with an experienced advocate at your side. Consult with a personal injury attorney in Ohio to help you evaluate your rights and defend your interests.Â
What Are Pain and Suffering Damages?
In Ohio, pain and suffering damages are considered noneconomic damages. It’s difficult to quantify pain and suffering damages, as they typically refer to intangible injuries associated with an accident. These types of damages vary from person to person and do not have a specific monetary value assigned to them. Examples of pain and suffering include the following:
- Mental distress,
- Loss of consortium,
- Loss of enjoyment of life, and
- Disfigurement.
Pain and suffering damages include not just present damages but also future damages. Recovery of future pain and suffering damages is possible if you can prove that your condition will last beyond the present. Retaining a personal injury attorney helps you provide a more accurate picture of your pain and suffering to the at-fault party and the insurance company.Â
Proving a Pain and Suffering Claim Without a Lawyer
Proving a pain and suffering claim without a lawyer is problematic. A lawyer can help you gather and present the following important evidence to support your claim:
- Medical expert opinion on your mental health condition;
- Medical specialist opinion on your physical condition following your injuries;
- Medical specialist opinion on the pain and suffering you have experienced and can be expected to experience;
- Documentation of past and present prescription medication;
- Your own testimony as to your condition and pain and suffering, and
- The testimony of friends and family with first-hand knowledge of your pain and suffering.
Valuation of pain and suffering is largely discretionary. Therefore, it’s essential to provide as much evidence as possible to support your claim and solidify your chances for a favorable recovery.
How Much Do You Get for Pain and Suffering in a Car Accident?
Insurance adjusters and juries typically use one of two methods to calculate pain and suffering damages. Careful compilation of supporting evidence supports a more substantial recovery for pain and suffering damages.
Multiplier Method
The multiplier method values pain and suffering by multiplying the value of your economic damages by a number, usually between 1 and 5. For example, if you suffered $10,000 in medical bills and $12,000 in lost wages and you apply a multiplier of 5, your pain and suffering damages would amount to $110,000.
Daily Rate Method
The daily rate method assigns a daily value to your pain and suffering. You would then multiply that rate by the number of days you experienced pain and suffering.
What Factors Impact Your Pain and Suffering Settlement Amount?
Although difficult to quantify, multiple factors impact your settlement amount, including:
- The injuries you suffered and their severity;
- The disruption the injuries caused to your daily life;
- The degree of treatment required and outlook for recovery;
- The degree of certainty that the defendant is liable for causing the injuries; and
- The extent of your emotional and mental suffering.
Consulting with a personal injury attorney ensures careful analysis and monitoring of your pain and suffering injuries. The more support provided to sustain your pain and suffering damage claim, the better the likely outcome.
Will I Have to Go to Court?
A personal injury attorney may obtain a favorable settlement to sufficiently compensate you for your pain and suffering damages in many situations. However, in situations where settling is not possible, the case may go to court.
Any victim of a car accident seeking pain and suffering damages wants a qualified personal injury attorney on their side to defend their rights and represent their interests.
Aaron Bensinger of Bensinger Law handles all conversations with insurance companies and the at-fault party’s attorney. Bensinger Law won’t hesitate to take your case to court if unable to reach a favorable settlement.
Should You Use an Attorney?
How much you get for pain and suffering in a car accident may depend, at least in part, on the type of representation you have. A personal injury attorney like Aaron Bensinger of Bensinger Law can develop sufficient testimony and evidence to strengthen your case for pain and suffering damages.
Additionally, Bensinger Law aggressively and diligently negotiates with insurance companies to ensure you don’t receive a less-than-favorable settlement for your injuries. With Bensinger Law, you never pay up front. You pay only when you receive a settlement or verdict for your case. We are here to answer any questions. Please contact our office today for a free case review.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
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