Most claims after a car accident will include something for pain and suffering. But putting a monetary value on pain and suffering can be very difficult because it is so subjective.
Pain and suffering is already difficult enough because you can’t see it. Also, it’s even harder to quantify. A doctor may be able to identify symptoms of pain such as range of motion, tenderness, bruising, but those are only indicators of pain.
Even if pain is unquestioned, it is difficult to determine or prove how severe it is. One person’s pain tolerance may be much lower than another’s for a given injury. An injury may cause one person to go to the ER, while that same injury may require an over the counter painkiller for another.
How is pain and suffering evaluated after a car accident?
First and foremost, if you’re claiming pain and suffering, you will need to have seen a doctor. And hopefully within a reasonable time period of the accident occurring. If the insurance company asks what your medical treatment has been and you say “nothing,” that will be exactly what they offer you. The insurance company wants actual proof of your injury—not just you saying you’ve been injured.
If you seek medical attention, the insurance company is more likely to take your claim of injury seriously. One example is soft-tissue injuries. This is when trauma occurs to muscles, tendons, or ligaments. These are not readily observable to a doctor and raise flags to the insurance company.
But if you seek medical treatment for the injury, the doctor was ask about your symptoms and examine you. They will then take notes about the injury, note that you made an appointment and showed up, and that you experienced pain and/or discomfort after the car accident. The doctor’s notes are important because they can connect your injury to the accident and include findings of the examination. You will absolutely need the support of a doctor if you’re seeking pain and suffering after a car accident. Don’t wait to be seen!
How is pain and suffering determined after a car accident?
To value pain and suffering, the insurance company will review supporting documentation that you or your Sacramento car accident attorney provide. It is important to be mindful of the types of records they will want and to keep them organized. If you decide to seek out an attorney, they will also request these documents to evaluate your car accident claim. These include:
• Medical records
• Medical bills
• Photographs of the injury
• Receipts for medication
• Documentation of missed work
Because this number is so subjective, there is no set formula to determine the actual number. One way attorneys determine pain and suffering is to take a multiplier of 1-3x your special damages. Special (or out of pocket) damages are the hard costs of a claim such a medical bills, lost wages, and property damage. For example, if your special damages are $10,000, then a 3x multiplier for pain and suffering would create a demand of $30,000. Note: this is just an example and each case requires its own analysis and evaluation.
If you would like us to review your medical records, medical bills, photographs of the scene, and other documentation after your car accident, please give us a call. Our office is located in Sacramento and we would be happy to help! We can be reached at (916) 619-5452.
