Pain and suffering are the associated effects that can occur as a result of a car accident. Along with personal injury and property damage, pain and suffering are other common unfortunate outcome after an accident. In Florida, according to Florida Statute 627.737, victims of car accidents are able to pursue additional compensation in the form of pain and suffering.
Aside from the expenses associated with property damage and personal injuries, you may find yourself left with emotional damage, life-long pain and/or anguish, and mental health issues.
These are all very serious repercussions that are difficult to label with a price tag. So how is pain and suffering calculated?
Your Pain and Suffering Attorney
Working with an attorney that specializes in car accidents, personal injury, and pain and suffering is the best place to start. In any legal case, laws are set in such a way that it is important to collect all of the necessary information, data, and records to help to prove your case as soon as you can.
In order to calculate pain and suffering, your attorney will compile and work through all of the documentation that you have related to your case as well as your insurance company.
The Multiplier VS Per Diem
These are the two most common strategies for calculating pain and suffering.
The Multiplier
In this scenario, the total of the economic damages related to your accident will be added together to then be multiplied by a figure set in order to anticipate the future of your expenses. An example of these future expenses may be therapy, continued medical services, etc. This is the most widely used strategy to determine pain and suffering.
Per Diem
Calculating pain and suffering via the per diem route, your medical expenses will be the larger factor. The total of your medical expenses, divided by how many days you were receiving treatment will determine your daily rate which will be multiplied by a set number of days to account for future expenses.
Key Takeaways
In both methods of calculation, documentation is one of the most important factors to remember. Without proper documentation, it will be difficult to prove your side of the story to the fullest.
We’ve written a few blog posts about this topic, here, here and here.
We understand how traumatic a car accident can be and we are here to step in on your behalf as industry experts to get you set up for the future as you move forward from your car accident.
There are different ways to calculate pain and suffering, however, it’s important to keep in mind that not every case will secure compensation for pain and suffering even if they should. This has to do with each individual case, insurance, and representation.
Please reach out to us here at Pipas Law to discuss how we can help you get the compensation you need as you move forward in life after enduring a serious car accident.
