Calculating the value of your measurable losses after a car accident is relatively easy. Medical bills, auto shop receipts, and pay stubs are physical records that document your financial losses. But calculating the value of intangible losses, such as pain and suffering, is trickier.
The phrase “pain and suffering” is often used to describe the aftermath of an injury from a car accident, but its meaning is not always clear. To learn more on how to calculate pain and suffering from a car accident, contact us for a free consultation.
What Is Considered Pain and Suffering in a Car Accident Claim?
An accident victim may receive compensation for pain and suffering following a wreck. Pain and suffering refer to the physical and emotional distress a person may experience after an injury from a car accident. Some injuries can cause considerable physical discomfort, making it difficult for victims to return to work or participate in daily activities. Debilitating or disfiguring physical injuries can also lead to mental turmoil, causing anxiety, depression, and other mental health disorders.
How Do Insurance Companies Document Pain and Suffering?
Insurance companies will look at the nature and extent of medical treatment a person receives after a car accident to determine the value of pain and suffering. Providing proof of pain and suffering can be challenging because discomfort, anguish, and emotional trauma are intangible. However, an attorney may offer the following types of evidence to insurance companies to document pain and suffering:
- Medical records, including the diagnosis and treatment of any physical or mental conditions related to the accident
- Diagnostic test results
- Prescription medication records
- Journal entries documenting your pain and recovery progress
- Police and other reports that show the severity of the accident
- Testimony from medical experts, friends, family, or colleagues
Methods for Calculating Pain and Suffering
There are two standard methods used to calculate pain and suffering:
- “Per diem” method — Using this method, a dollar amount is assigned to every day the accident victim has suffered from their injury’s physical and mental symptoms. Typically, the daily amount is equal to what the claimant would earn in a day’s work, particularly when they cannot work due to their injuries.
- Multiplier method — To calculate pain and suffering with the multiplier method, the insurer will add up the claimant’s medical expenses. They will then multiply the total by a number between 1.5 and 5. The number will be based on several factors in the case, including the severity of the injuries and the impact on the claimant’s daily life.
What Is the Statute of Limitations to File for Pain and Suffering After a Car Accident?
The statute of limitations for filing a personal injury lawsuit in Kansas is two years from the date of the accident. It’s essential to meet this deadline to preserve your right to pursue compensation for pain and suffering in civil court.
Contact Mann Wyatt Tanksley Injury Attorneys to Get the Compensation You Deserve
If you’ve been injured in a car accident that was someone else’s fault, you could be entitled to compensation for your pain and suffering and other losses. Contact Mann Wyatt Tanksley Injury Attorneys today to pursue the financial relief you need.