As a car accident victim in Connecticut, you may expect reimbursement for medical expenses, missed days at work, and other tangible accident-related costs. Another, and often larger, part of your settlement will depend on compensation for pain and suffering.
So what counts as pain and suffering after a car crash in Connecticut, and what factors influence the amount of compensation for this type of damage?
What Is Pain and Suffering?
Simply put, “pain and suffering” includes all the significant but noncalculable damages you may shoulder after your accident, such as:
- Chronic pain after physical injuries
- Scarring and disfigurement
- Mental anguish and emotional trauma
- Reduced quality of life
- Loss of meaningful and important activities
- Impaired family relationships (loss of consortium)
Factors That Influence Compensation Amounts for Pain and Suffering
Unlike other elements of a car accident settlement, like medical treatment and lost wages, pain and suffering don’t follow a cut-and-dry formula. Compensation for pain and suffering may vary widely, even in outwardly similar cases.
Major factors that influence the amount of compensation for pain and suffering after a car crash in Connecticut include:
- The extent of your injuries. If you suffered severe injuries that had a devastating impact on your quality of life, your settlement will likely include a larger pain and suffering element.
- Your recovery prospects. You may expect to win higher pain and suffering compensation if your injuries cause long-term or permanent damage.
- The quality of your legal representation. An assertive, experienced attorney may be able to negotiate more pain and suffering compensation on your behalf based on their knowledge of how insurance companies work and past experience with similar cases.
Calculating Pain and Suffering
Insurance companies generally use two primary methods to incorporate pain and suffering into car accident settlements.
The Per Diem Method
This method assigns a specific pain and suffering amount for each day of your recovery. For example, $100 per day X 50 days = $5,000 for pain and suffering. The per diem method is more practical when victims recover from injuries within a comparatively short, clearly defined period.
The Multiplier Method
The multiplier approach is more common with long-term or permanent injuries. This method sums up all your tangible current and prospective accident-related costs and multiplies the total by a set number, usually between 1.5 and five, which your lawyer will negotiate with the insurance company.
For example, if the total of your economic damages equals $10,000 and your pain and suffering multiplier is three, your compensation for pain and suffering would be $30,000, and your total payout would be $40,000.
Who Pays Pain and Suffering Damages?
As a rule, the at-fault driver’s insurer is responsible for compensating you for pain and suffering, along with other accident-related damages. However, a car accident case’s worth often outstrips the limit of the relevant insurance policy. In this case, you may consider filing a civil lawsuit against the responsible driver.
Law Offices of James A. Welcome: Skilled and Assertive Legal Representation for Car Accident Victims in CT
Determining compensation for pain and suffering after a car crash in Connecticut is a highly challenging part of a car accident claim. Working with a seasoned, assertive lawyer can improve your odds of winning an appropriate settlement.
At the Law Offices of James A. Welcome, we use powerful legal strategies to advocate for the interests of vehicle accident victims in CT. We’re prepared to assist with your case; call us at (475) 348-8448 or contact us online for a free consultation with an experienced car accident attorney.