How Do You Prove Pain and Suffering After a Car Accident?

You can prove your pain and suffering after a car accident through a combination of medical records, counseling notes, personal statements, and statements from family and friends. 

Pain and suffering are much more difficult to calculate than economic losses, so you need exhaustive documentation. A car accident lawyer from Wettermark Keith can help you gather this documentation to ensure you receive an appropriate amount. 

What Counts as Pain and Suffering?

Pain and suffering is a general term that covers the physical and emotional losses associated with a serious injury. It refers to the actual experience of suffering an injury and dealing with the physical and emotional effects that can take a toll on your life. 

To that end, pain and suffering in this context can include:

• Immediate pain from trauma. This is the acute pain you experienced when the injury happened. 
• Pain from medical treatment. Medical treatment for severe injuries, such as surgeries or therapy, can cause additional pain. 
• Physical limitations from disability. Severe injuries can limit your physical ability to perform daily tasks.
• Mental anguish due to your condition. Anxiety, depression, and lowered mood can all be consequences of a debilitating injury. 
• Emotional distress and PTSD. Post-traumatic stress disorder is a common outcome of traumatic injuries and can cause further emotional distress. 
• Shame or humiliation. Injuries that cause physical scarring or disfigurement can cause shame or embarrassment in the individual. 
• Loss of life enjoyment. Victims may be unable to engage in activities they once enjoyed, like sports or family activities. 

You can think of it as the “human” cost of an accident, separate from economic losses like medical bills or lost work income. At Wettermark Keith, we aim to be as comprehensive as possible in accounting for the full impact of your injuries on your life. 

Proving Pain and Suffering

Unlike things like medical bills or lost work income, pain and suffering is inherently abstract and doesn’t have a determinate dollar value. There are no receipts for pain and suffering you can present. 

Instead, you need to show how the injuries have impacted your life and affected your overall well-being. There are several types of evidence that our lawyers at Wettermark Keith can rely on:

Medical Documentation

Medical documentation includes all relevant medical information about your injuries, such as your diagnosis, ongoing treatments, and long-term medical prognosis. These documents provide proof of the existence of your injuries and verify their severity.  

Counseling Notes

Counseling notes and records from therapy sessions can also shed light on your mental state. It’s important to establish a relationship with a mental health professional so you can document your mental state and any changes in your mood over time. Having a timeline establishes how your suffering has changed or worsened over time. 

Expert Testimony

You can also rely on expert testimony concerning your condition. Doctors and other medical professionals can attest to your injuries and contextualize your suffering against the typical degree of pain expected from your injuries. 

Personal Statements 

As part of your recovery, you should keep a “pain and suffering” journal that notes your symptoms and daily difficulties. A personal journal can accurately capture your day-to-day experience and how your symptoms might vary in severity at different times. You can also gather statements from family and friends who can testify as to your changed mood. 

How Much Money Can I Get for Pain and Suffering?

Pain and suffering doesn’t have a definite dollar value, so insurance companies and courts have to turn to other methods to calculate a figure. There are two main ways that an attorney from Wettermark Keith can calculate your pain and suffering damages after a car accident:

Multiplier Method

The multiplier method is the most common method of pain and suffering calculation. It works by taking your economic damages and multiplying them by a multiplier, usually a number between one and five. The value of the multiplier depends on the degree of pain and suffering—a higher number means a greater degree of loss. 

For example, if your economic damages were $50,000 and the assigned multiplier was 2, your pain and suffering damages would be $100,000 ($50,000 x 2). 

Per Diem Method

The per diem method assigns a daily value to your suffering and multiplies it by a specific number of days equal to your recovery. The total number of days is typically calculated as the amount of time between when the accident occurred and when you reach maximum medical improvement. 

As an example: say your daily suffering value is $300 and you were in recovery for a year (365 days). In this case, your total pain and suffering damages would be $106,800 ($300/day x 365 days). 

Contact a Car Accident Lawyer From Wettermark Keith

Do you have any more questions on how to prove pain and suffering after a car accident? If so, contact the personal injury lawyers at Wettermark Keith. Our team has recovered over $1 billion for our clients and has over five decades of combined legal experience. Call us today to schedule a free case consultation.