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How is Compensation for Pain and Suffering Determined After a Car Accident?

If you’re a victim injured in a car accident, you may sustain a number of losses as a result of the incident. Medical bills for treatment add up, you may be unable to work, and your relationships may suffer. Kentucky law allows you to recover compensation for your losses so that you can be made whole, as if the accident never occurred. The matter of compensation, including recovery for pain and suffering, comes down to a determination of damages which you should discuss with a Kentucky car accident attorney. Still, an overview should help you understand how the concept works.

 

Overview of Damages in a Car Accident Case

There are two types of damages you may sustain when injured in a car crash:

  1. Economic Damages: This category refers to the losses you experience as out-of-pocket expenses. You incur costs for medical treatment and may be out of work. If that is the case, you’ll miss out on the income you would have otherwise earned.
  2. Non-Economic Damages: These damages aren’t as simple to determine as out-of-pocket costs, but there is a method that an experienced attorney can teach to a juror to help them calculate intangible losses. There’s the physical pain of the injuries to your body, and there’s the emotional anguish related to the effects on your life and relationships.

Pain and Suffering from a Car Accident falls Under Non-Economic Damages

It’s easy to show your right to reimbursement for your medical expenses and lost wages by presenting invoices and paystubs. But putting a price tag on your pain and suffering isn’t so straightforward. Reimbursement would typically require a concrete figure, but accurately valuing distress, agony, and mental despair isn’t possible.

How to Calculate Pain and Suffering After a Car Accident

Courts and insurance companies have developed ways to calculate pain and suffering from the circumstances.

How am I compensated for pain and suffering after a car accident?

  • The Multiplier Method: With this approach, you add up your medical expenses and apply a multiplier to establish an amount. The multiplier depends on the severity of your injuries. 1.5 is on the low end, but for severe, debilitating injuries, it can go up to 4-5.
  • Per Diem Pain and Suffering: This method takes the number of days that you experience pain and multiplies that number by rating your pain.

Another issue in the calculation of pain and suffering is whether your own conduct was a contributing factor in the accident. Kentucky uses a comparative negligence system, meaning your compensation may be reduced based upon the percentage of fault you share.

Are you experiencing pain and suffering due to a car accident?

Our attorneys at Harville Law Offices, PLLC are by your side to help you get the compensation you deserve. We have represented many victims in Kentucky car accidents, assisting our clients in seeking all damages available under the law – including pain and suffering. For more information on determining compensation after a car accident, please call our Louisville office right away at (502) 245-2333 or contact us online to request your free legal consultation. We also handle cases in Lexington, Owensboro, and Bowling Green, and throughout the surrounding region.