How Is Pain and Suffering Calculated in a Car Accident Case?

In 2019, 12,150,000 of the 276,491,170 vehicles registered in the U.S. were in motor vehicle accidents (MVAs), injuring more than 2.7 million people. 

MVA victims may suffer permanent or long-term injuries that require extensive medical treatment. Many MVA victims also deal with mental health challenges, such as depression, post-traumatic stress disorder (PTSD), and phobias. PTSD is common among MVA victims, with over 39% developing PTSD.

Assigning a dollar value to car repairs and lost wages is simple. It’s more complex to determine how much compensation you should receive for things like mental anguish. If you’re suffering after an MVA, you may wonder how pain and suffering are calculated in car accident cases. Let’s examine how to calculate pain and suffering from car accidents and how a car accident attorney can help. 

Pain and Suffering Defined

Pain and suffering is a common term used when accident victims seek compensation. Still, you may wonder what pain and suffering means and what it does and does not include. Pain and suffering is a term used to refer to physical and mental pain.

Physical pain from your injuries is grounds to seek pain and suffering damages. Suppose you have persistent headaches from whiplash caused by your accident. You can seek compensation for these headaches. 

Pain and suffering also encompasses mental health challenges and emotional anguish. You may struggle with trauma and phobias after your accident and find it traumatic to get into a vehicle or travel on roadways. You can seek compensation for this through damages for pain and suffering. 

Calculating Pain and Suffering

Calculating damages for pain and suffering is challenging. The following options are used to calculate how much to seek:

• The multiplier method: You start by calculating your economic damages, which are expenses incurred because of your accident that you want to be reimbursed for. The total economic damages sought are calculated by a number based on the severity of the injuries. Someone with a permanent injury would multiply their economic damages by five to determine the amount of pain and suffering to seek. Someone with a sprained wrist who’s expected to recover in a few weeks would multiply their economic damages by 1.5. People with more severe injuries that aren’t permanent will multiply their economic damages by two, three, or four, depending on the expected recovery period. 
• The per diem method: As the name suggests, the per diem method awards a set amount per day you’re affected by your injuries. The amount could be the money you’d typically earn in a day. Suppose you need multiple surgeries to correct physical injuries suffered in the accident. You could seek compensation for the amount you usually earn daily for the next year or more. Per diem calculations are tricky because it’s impossible to know how long it will take to recover from severe injuries. 

Some adjustments may be applied to the pain and suffering damages you seek. Florida has comparative negligence laws. This means you can file a lawsuit even if you were partially responsible for your accident. However, each at-fault party must pay in accordance with their percentage of fault. Suppose the accident investigation determined you were 25% responsible for your accident, and another party was 75% responsible. The at-fault party, who is 75% responsible, would only pay 75% of the total damages available. 

Factors That Prove Economic Damages

Economic damages are compensation claims based on provable expenses from your accident. You can prove the cost of auto repairs with estimates from auto body shops. You can prove the cost of childcare required with receipts. Grounds for economic damages include the following:

• Childcare costs
• House cleaning expenses
• Lost income
• Medical bills 
• Property repairs
• Transportation expenses

You may also seek compensation for moving expenses and other costs. For example, suppose you suffered permanent injuries requiring you to use a wheelchair. In that case, you can seek compensation if you have to relocate to a wheelchair-accessible home. 

Proving Non-Economic Damages

Statements from mental health professionals can support claims of PTSD, grief, and other emotional suffering. Your medical records can also support claims based on physical pain.

In addition to pain and suffering, anxiety, depression, diminished quality of life, and trauma are some reasons you can seek non-economic damages.

Related: What to Do If Your Florida PIP Claim is Denied

Limitations on Pain and Suffering Damages

Florida does not limit how much compensation victims can receive for pain and suffering in car accident cases. The only limitations that apply have to do with your percentage of liability and the nature of your pain and suffering, which determines the multiplier used for the multiplier method of calculating pain and suffering.

Bernstein & Maryanoff Injury Attorneys Are Here To Help You

Bernstein & Maryanoff Injury Attorneys are here to help you after your Miami car accident. We’ll explain your legal options and help you calculate the damages you deserve. We’ll use our legal resources to investigate your case. We’ll negotiate with the at-fault party’s insurance company and fight for you to receive the maximum settlement possible so you receive the compensation you deserve for your pain and suffering.

Sources:

Carlier, M. (2023). Road accidents in the United States – Statistics & Facts. 

Number of motor vehicles registered in the United States from 1990 to 2022. (2024). 

Number of road traffic-related injuries and fatalities in the U.S. from 1990 to 2020. (2024). 

Tull, M. (2019). The Risk of PTSD After a Car Accident.