Question About Pain and Suffering Settlement After a Car Accident
Hi everyone,
I was involved in a car accident on February 6, where the other driver was completely at fault, and their insurance has already acknowledged that.
I’ve sustained soft tissue injuries and whiplash from the incident. Interestingly, and thankfully maintaining my anonymity, my IUD was also displaced due to the impact.
I’m curious to know what your experiences have been with “pain and suffering” claims. I have an attorney, but it’s been challenging to reach her by the end of the week. I’d love to hear your insights.
So far, my damages include:
- 31 hours of work missed
- A total loss of the car I had for only a month, which means my $5,000 down payment is also lost
- Emergency room visit
- Urgent care visit
- 10 physical therapy sessions (I’m currently on my 4th visit, and my back still feels terrible)
Adding everything up brings my total to around $13,000 (mainly due to the ER expenses 🥴), but that figure includes the down payment as well.
Do you think this is typically considered under pain and suffering?
I’m really sorry to hear about your experience. It sounds incredibly challenging dealing with the aftermath of the accident.
In terms of what’s typically included in “pain and suffering,” it generally refers to the physical pain and emotional distress you experience as a result of your injuries. However, many factors can influence how claims are evaluated, including:
Pain and suffering damages are typically calculated based on a multiplier method, where you take your economic damages (like the medical bills and lost wages) and multiply by a number (often between 1.5 to 5) depending on the severity of your injuries and how they impact your life.
In your case, with the injuries you’ve mentioned and their impact (like the IUD displacement), you may certainly have a strong claim for pain and suffering on top of your direct medical expenses and lost wages.
Since you’re working with an attorney, it would be beneficial to share your specific circumstances with them when you have the chance. They can give you tailored advice based on your situation and help ensure you’re receiving a fair settlement. Hang in there, and I hope you find relief soon!