Whether you were a passenger, driver, or even pedestrian who’s been involved in a car accident and left with ongoing pain and suffering, you’re entitled to compensation. As every accident is unique, your pain and suffering should be treated uniquely too. If you’ve found yourself living with pain and ongoing suffering after an accident, we’d always recommend speaking to a medical professional as well as an experienced attorney who can help build a case for you.
Our blog explores what pain and suffering settlements are, how pain and suffering are calculated in an accident claim, and what to expect when you’re filing a pain and suffering case.
What Is A Pain and Suffering Settlement
A pain and suffering claim is a type of settlement made after an accident has happened that caused significant injury. Usually, the claim will be made as a demand, requesting that the pain and suffering caused as a direct result of someone’s actions are compensated. The amount that is awarded will depend on a few factors such as; the cost of medical bills, the extent of injury caused and the medical notes the doctor shares about the ongoing suffering that happened as a direct result.
How much should you get for pain and suffering in a car accident?
As with all accident cases, the settlement amount will differ depending on the type of insurance cover that’s available, the injuries sustained as well as the medical bills you’ve already paid for and will continue to pay. The average payout for a pain and suffering accident claim is up to $15,000 in the US, with most claims involving small or more minor injuries.
How are pain and suffering calculated in an accident?
Whilst your attorney will be able to explain in more details the process in which your own settlement will be reached, the ‘common’ approach by accident attorneys is to calculate the number of days it’s taken you to recover or continue to receive multiplied by the daily allowance or maximum amount an insurance company will award every. For example, if your insurer awards up to $100 a day and it’s taken you 56 days to recover, the final sum calculated will be 100 x 56 which is $56,00.
This is a very basic example of how settlement is calculated and doctors may not have signed you off yet, in which case they would then factor in future calculations for your ongoing pain and suffering.
How much do you ask for pain and suffering?
The settlement you can ask for in a pain and suffering case is very much a per case amount. Ultimately, it’s down to your attorney and their professional calculations but they will advise you to make a claim based on how much your life has been impacted by the accident and your ongoing suffering since. Measuring pain and suffering is complex and needs to be handled by a professional accident attorney before you place the claim with the insurer. As there is no set limit or minimum you can ‘ask for’, it’s very tricky to put an amount on the settlement.
If you’ve been involved in an accident and left with ongoing pain and suffering, or want advice on how to start a pain and suffering claim, why not speak to our attorneys today.