Car accidents can be traumatic and life-altering events. Even minor accidents can result in physical and emotional pain, loss of income, and other expenses. In many cases, victims of car accidents are entitled to compensation for their injuries, including pain and suffering damages.

However, calculating pain and suffering damages can be complex, and there is no set formula for determining the compensation a victim should receive.

To talk to an experienced car accident lawyer about your particular case, contact Kerner Law Group, P.C. at (718) 796-7900 or https://yourbronxlawyers.com/contact/

Pain and Suffering Settlements

Pain and suffering damages refer to the physical and emotional pain and suffering a victim experiences due to their injuries. This can include physical pain, emotional distress, loss of enjoyment of life, and other non-economic damages. Unlike economic damages, such as medical expenses and lost wages, pain and suffering damages are not easily quantifiable.

How is Pain and Suffering Calculated For Car Accident Settlements?

The amount of damages awarded depends on several factors, including the severity and duration of the injuries, the impact on the plaintiff’s daily life and ability to work, and the level of medical treatment required. To determine the amount of pain and suffering damages a victim is entitled to, the following factors are taken into consideration:

Injury severity

The severity of the injuries sustained in a car accident is a major factor in determining the amount of pain and suffering damages. The more severe the injuries, the higher the amount of damages awarded. For example, a victim who suffers from a broken leg may be entitled to less compensation than a victim who suffers from a traumatic brain injury during a head-on collision.

Injuries’ duration

The duration of the injuries sustained in a car accident is also crucial in determining the amount of pain and suffering damages. A victim who suffers from a long-term injury may be entitled to more compensation than a victim who suffers from a short-term injury such as a broken bone.

Impact on victim’s daily life

The impact of the injuries on the victim’s daily life is another important factor in determining the amount of pain and suffering damages, including emotional trauma. If the injuries prevent the victim from performing daily activities, such as work, hobbies, or social activities, the victim may be entitled to more compensation.

Medical treatment required

The level of medical treatment required to treat the injuries is also important in determining the amount of pain and suffering damages. A victim who requires extensive medical treatment, such as surgeries, physical therapy, or long-term care, may be entitled to more compensation than a victim who only requires minor medical treatment.

It is important to note that calculating pain and suffering damages is not an exact science. There is no set formula for determining the amount of compensation a victim should receive, and the amount of damages awarded can vary significantly from case to case.

Other factors may be considered when calculating pain and suffering damages. Among them:

Age

The victim’s age may be considered when calculating pain and suffering damages. Younger victims may be entitled to more compensation than older victims, as they have a longer life expectancy and more years of potential lost income and enjoyment of life

Pre-existing conditions

If the victim had pre-existing medical conditions or injuries, this might affect the amount of pain and suffering damages awarded. A car accident, for instance, may aggravate a pre-existing back injury. A victim with a pre-existing injury may be entitled to less compensation.

Comparative negligence

If the victim is partially at fault for the car accident, the pain and suffering damages awarded may be reduced. This is known as comparative negligence, meaning that the victim’s compensation will be reduced proportionally to their degree of fault.

Jurisdictional differences

The pain and suffering damages awarded may vary depending on the jurisdiction in which the case is heard. Some jurisdictions have caps on the damages awarded, while others do not.

In addition to these factors, having an experienced personal injury lawyer is important to help navigate the accident claims process of calculating pain and suffering damages. A lawyer can help gather evidence, negotiate with insurance companies, and ensure the victim receives the compensation they deserve.

Determining a settlement value of trial jury award  involves assessing the plaintiff’s pain and suffering based on various subjective factors, such as their age, occupation, and the impact of the injuries on their daily life and ability to work. An appropriate amount of damages is determined by considering each case’s unique circumstances.

To determine a settlement for pain and suffering damages, attorneys and insurance adjusters may consider various factors, including the plaintiff’s age, occupation, pre-existing conditions, and the impact of the injuries on their daily life and ability to work.

For example, if a plaintiff is a young athlete who suffers a career-ending injury in a vehicle accident, the subjective evaluation method may result in a higher amount of pain and suffering damages than if the plaintiff is an older individual with a less physically demanding job.

Ultimately, the evaluation requires a thorough understanding of the plaintiff’s circumstances and how the injuries have impacted their life. Attorneys and insurance companies may use several resources, such as medical care records, witness testimony, and health care provider opinions, to help determine an appropriate amount of damages using this method.

Contact Kerner Law Group, P.C. For More Information On Car Accident Settlements

Calculating pain and suffering damages for car accident settlements is a complex process considering several factors, including the severity and duration of the injuries, the impact on the victim’s daily life, and the level of medical treatment required. While there is no set formula for determining the compensation an injured person should receive, these methods are commonly used for calculating pain and suffering damages.

However, it is important to remember that every case is unique, and other factors may also be considered when calculating pain and suffering damages. To ensure that you receive the compensation you deserve, it is essential to have an experienced personal injury lawyer on your side for all settlement negotiations.

Call Kerner Law Group, P.C. at (718) 796-7900 or submit your inquiry here today.