UNDERSTANDING PERSONAL INJURY CLAIMS AND PAIN AND SUFFERING

Aug 16

Understanding Pain and Suffering in Personal Injury Claims: What You Need to Know

Personal injury claims typically include the cost of medical treatment resulting from an accident; however, you may also be entitled to reimbursement for pain and suffering.

Defining Pain and Suffering

Pain and suffering encompass the stress you experience from your injuries. It can include:

Physical pain
Emotional and psychological trauma such as insomnia, fear, depression, and anxiety

This compensation is separate from lost wages and other medical expenses like x-rays, medications, and hospital visits.

Importance of Medical Treatment

If you do not seek medical treatment for the injuries sustained in the accident, it is unlikely that you will prevail on your claim of pain and suffering. To ensure adequate compensation for your claim:

Get immediate medical attention.
Document your symptoms and any care received.

Calculating Pain and Suffering

There is no standard way to calculate the costs of pain and suffering. However, some commonly used methods include:

Multiplier Method: Multiply the total medical bills related to the accident injuries by a number from 1 (for minor injuries) to 5 (for severe injuries).

Per Diem Method: Use a formula based on daily suffering. For instance, if your knee got hurt in a car accident, gauge your daily pain and all the daily activities you can’t perform due to your injury. Assign a compensation cost to each day and multiply this figure by the number of days you've been injured.

Estimation of a Generalized Cost: Generally, the more serious your injuries, the greater the amount of compensation you can expect for your pain and suffering.

Documentation to Prove Pain and Suffering

To support your personal injury claim, provide the car insurance company with proof and evidence. Documentation may include:

Medical reports
Prescription receipts
Over-the-counter medication receipts
Medical bills for therapy, ambulance costs, x-rays, emergency room visits, and more
Proof of lost wages or time off from school
A log of all medical treatment, pain, and missed activities
Photos of your injuries

Reynolds Law Group Can Help

If you think you may have a claim for a personal injury, click the button below to contact our team.

Glenn S. Reynolds, DMin, Jd

Glenn is a speaker, ordained pastor, writer, and attorney living in Suffolk, VA. Before starting Reynolds Law Group, Glenn pastored one of the largest churches in America and was the Director of Church Planting for the Iowa Ministry Network. Glenn roots hard for the Kentucky Wildcats in basketball, the Baltimore Orioles in baseball, and the Iowa Hawkeyes in football.

To learn more about Glenn, you can read his full bio here.

You can find him on Instagram @glennsreynolds