How Is Pain and Suffering Determined After an Auto Accident?

How Is Pain and Suffering Determined After an Auto Accident?

• December 26, 2024
• Categories: Vehicle Accidents

It is common after a car accident to make a personal injury claim for physical harm, lost wages, medical costs, hospital and rehabilitation bills, and pain and suffering. While medical costs and lost work hours are easy to calculate, how is pain and suffering calculated after a vehicle accident?

First, it is key to note that state law and the California Department of Motor Vehicles (DMV) place pain and suffering (non-economic damages) in a completely different category than medical costs, X-rays, medications, and lost wages (economic damages). Economic damages are easy to calculate because they are the direct financial costs you incurred as a result of your injury accident. Non-economic damages like pain and suffering are more subjective and open to interpretation.  That’s why it’s important to have an excellent car accident attorney who can advocate on your behalf.

California law defines pain and suffering as stress, physical pain, PTSD, and psychological and social trauma, among other things that can be experienced after a car accident. There is no precise equation or formula to calculate your pain and suffering compensation. However, there are popular methods used by auto insurance companies, namely the multiplier and per diem methods. A skilled car accident lawyer can help navigate these methods and ensure you receive the compensation you deserve.

Why Choose Neale & Fhima

We know there are a lot of car accident lawyers to choose from.  We’re very confident that our legal team stands head and shoulders above the rest.  Attorney Aaron Fhima is among the best and the brightest.  The outstanding client testimonials we receive are evidence of our law firm’s skill in winning cases.  Here are a few reasons to consider Neale & Fhima when choosing your attorney:

• We Value Client Relationships. High-volume law offices tend to think of clients as nothing more than a number on a case file.  We’re different. We enjoy getting to know our clients and their families.
• Our Lawyers Win Cases. Neale & Fhima has a 99% success rate in personal injury claims.
• We Know the Law. California law is intricate at best, and deeply confusing at worst.  We’ll help you avoid legal pitfalls, and guide you in building a powerful legal case.
• Years of Experience. Our attorneys have more than 40 years of combined experience representing clients throughout Southern California.
• No Surprises. We tell you up front what you can expect from the legal process, what your case might be worth, and what the strengths and weaknesses of your claim may be.

Is Pain and Suffering Negotiable After a Vehicle Accident?

The multiplier method simply multiplies all your medical bills by a number that represents how hurt you are. That number can be 1 for minor injuries and 5 for major injuries. For example, if your medical costs after the accident are $10,000 and you have serious injuries that could result in six months of recovery, then your compensation for pain and suffering would be $50,000.

On the other hand, the per diem method is designed to calculate daily suffering. In this scenario, the number is arrived at based upon the injury you suffered and the daily activities you cannot perform because you were hurt. It is then multiplied by the number of days these activities cannot be accomplished. So, if your knee injury is valued at $10,000 per day in activities you are not able to do, and your injury affects you for nine days, the total would be $90,000.  However, before any personal injury settlement is possible, extensive documentation is needed to prove how serious your injury is.  These can include:

• Medical reports from doctors
• Receipts for your prescriptions
• OTC medicine receipts
• Medical bills for your ambulance rides, X-rays, ER visits, therapy and more
• Proof of the time you lost from work
• A detailed file on your future medical treatment plan and any missed activities
• Photos of injuries
• Expert witness testimony, if needed.

If you are injured in a car accident, your attorney should ensure that you receive the maximum amount of pain and suffering compensation you’re entitled to, and that requires an experienced attorney who is deeply familiar with California personal injury law.

It also requires you to create a paper trail proving the costs you incurred due to the accident.  That’s why it’s so important to seek medical attention right away. Your medical condition and the harm you suffered should be documented immediately after the crash. If not, you risk the insurance company and/or defense lawyers’ arguing that your injuries were not very serious because you delayed or that the injuries were caused by something other than the car accident. This is true, too, if you’ve experienced a different kind of accident, such as a slip.  Documenting medical costs in these type of personal injury accidents is equally important.  Neale & Fhima can provide a slip and fall accident lawyer to explain the law and answer your questions in such a case.

Have You Been Injured in an Auto Accident? Call Southern California Attorneys Neale & Fhima Now.

At Neale & Fhima, our experienced personal injury attorneys have an impressive record of recovering more than $50 million in rightful compensation for personal injury victims throughout Southern California.  A serious car accident can leave you with piles of medical bills, lost wages, and significant pain and suffering.  This is true of truck accidents and motorcycle accidents, too.  Our legal team is compassionate, caring, informed and aggressive.  We will treat you and your family with respect, and we won’t let anything fall through the cracks.  We’ll walk beside you throughout the legal process and keep lines of communication open.  You won’t have to continually wonder where things stand with your case.  To find out more about the pain and suffering compensation you might be entitled to after a vehicle accident, call us for a free consultation about your case at 888-407-2955.