Determining Pain And Suffering In A Car Accident Case

While making a car injury claim, you may wonder how much your case is worth. Companies that compensate for car injuries use several methods to calculate the worth of a personal injury claim. This calculation or evaluation usually involves reimbursement of lost income and medical bills, along with compensation for pain and suffering. Here, we will discuss the “multiplier” and “per diem” methods to calculate the value of a personal injury claim by a car accident lawyer.

The “Multiplier” Method

The most common method used for evaluating pain and suffering damages is to multiply the sum of medical bills and lost wages by a particular number. Car accident lawyers have long been multiplying their clients’ damages by three to get a reasonable damage compensation amount. That means if the sum of your medical bills and lost wages made $6000, you would get $18,000 as compensation using the multiplier method.

Companies have become more reluctant to automatically multiply the sum of damages by three in recent years, though.

Today, companies get the sum of damage and multiply it with a figure determined by complex software programs. The result may often undervalue the victim’s claim. The system used to derive the multiplying figure usually considers the seriousness of the injury, aggravating circumstances, and the length of the recovery. That means the impact of a broken femur and the need to undergo several surgeries will result in a pretty bad experience for a victim as compared to the impact of a minor fender bender.

So, in case of a more serious accident, the multiplier can be three or four. However, the multiplier may be one or two in the case of a fender bender. The multiplier may be even higher if the at-fault driver was intoxicated. On the other hand, the system will generate a lower multiplier to evaluate your compensable pain and suffering if you were partly at fault during the accident.

The type of medical treatment also contributes to the evaluation of a reasonable multiplier. However, companies also check if the claimant asks for the compensation money required for chiropractic treatment of three to four months while there is only a minor soft tissue injury.

The daily rate method

Companies and car accident lawyers calculate compensation of pain and suffering using a daily rate method. This method refers to the calculation of the amount of money you need each you suffer the effects of a car accident.

The most viable method to calculate the daily rate or per diem is to look at the amount of income you earn on a given day.

The most efficient method to calculate the worth of your claim is to use both the multiplier and per diem method to get a reasonable figure. You will have to set your expectations based on a few factors, including the severity of your injuries, the injuries to other people during the accident, and lost workdays.

If you are not sure how to evaluate the compensation for your injuries, you can discuss your case with a car accident lawyer. That individual will help you win the case.


Evidence Needed In A Car Accident Case

After a car accident, you would want to build your best case for the injury lawsuit. That makes it crucial for you to gather as much evidence as possible about the crash. Look into the reasons for the crash and how it affected you. The more documentation you have to support your claim for your losses and injuries, the more likely you are going to get a fair settlement. In this article, we will discuss why evidence is crucial in a car accident case. We will also discuss the types of evidence you have to gather.

Evidence and the burden of proof

Coverage companies know that it is pretty rare for an injury claim to turn into a civil lawsuit. The person seeking damages bears the burden of proof. That means the injured party will have to collect every shred of evidence to prove that another driver was at fault during the car accident and that the plaintiff suffered damage and injuries. This burden of proof impacts the entire process of the car injury claim.

That means the injured person has to gather evidence that affirms:

  • His or her version of the story
  • Claims of injury
  • Claim for missed workdays and lost wages

There are many forms of evidence, including medical bills and records, witness statements, and photographs.

Evidence from the accident scene

Even an apparently minor car accident can have a devastating impact on an individual. After the accident, you first have to check on the well-being of every passenger and driver and call for medical help if there are any obvious injuries.

Regardless of the severity of injuries or the accident, it is crucial to call the police and wait for the preparation of the initial report. A timely created police report will help ascertain which driver was at fault.

Meanwhile, you have to take your time to gather all evidence at the accident scene. Information you have to gather may include the name, address, driver’s license number, insurance information, and vehicle plate number from the other driver involved in the accident. You also have to check whether the driver was driving for their employer when the accident occurred. In that case, you will have to get the employer’s name and contact information.

Additionally, make sure to get the names and contact numbers of any witnesses of the accident. You can use your mobile phone camera to take photographs of the accident scene.

Evidence of damage

A significant portion of the damage recovery is usually related to vehicle damage. That is why you have to gather all details of the vehicle repairs. It should also include information about any car repairs shortly before the accident. For instance, if your car was totaled in the accident, you can get higher compensation if you have proof that you recently changed all four tires of the car.

Additional evidence

In case you have filed a personal injury lawsuit, you can gather information from the driver responsible for the accident by using the car accident interrogatories. It is a set of written questions that the other party must answer within a certain time window. With the help of interrogatories, you can get information about the defendant’s conduct.