When you have been injured in a truck accident, you will be harmed in several ways. There are economic costs associated with the accident, such as medical expenses and lost wages, but those do not tell the whole story. Your life is turned upside down in many ways, whether it is through the constant pain that you are enduring or the mental health effects of the accident. If you can prove that someone else was to blame for the truck accident, you can be compensated for both your “economic” and “non-economic” losses. Pain and suffering will be the largest element of your non-economic losses.
What Are Pain and Suffering Damages?
“Pain and suffering” encompass both physical and emotional harm experienced after an injury or traumatic event. This is intended to compensate you for the effects of your injuries, as opposed to economic damages that are intended to compensate you for your actual financial losses. Pain and suffering are commonly referenced in personal injury law as a category of damages.
Physical pain includes:
- Acute and chronic bodily pain.
- Physical injuries, burns, or fractures.
- Ongoing discomfort from surgeries or medical treatments.
- Reduced mobility or physical limitation.
Emotional and mental suffering includes:
- Anxiety, depression, and PTSD.
- Loss of enjoyment of life.
- Emotional distress and mood changes.
- Sleep disturbances and nightmares.
- Fear, grief, or feelings of helplessness.
Methods Used to Calculate Pain and Suffering in a Truck Accident
The most common calculation that insurance companies use to determine how much they will offer you in pain and suffering damages is the “Multiplier Method.” They will use this formula when you have suffered an injury that has lasting effects. Here, the insurance company will begin with your medical expenses and use them as the basis for the calculation. Insurance companies typically apply a multiplier of between one and five to these expenses to arrive at their offer.
A more serious injury will result in the use of a higher multiplier. For example, if you have suffered a brain or spinal cord injury, the multiplier may go as high as five. If you have suffered a fracture or something less serious that you may largely recover from, the multiplier will be lower. It is difficult to predict exactly which multiplier the insurance company will try to apply to your case. The one certainty is that their use of the multiplier method will almost always result in a lower amount of pain and suffering damages than you really deserve.
If you have suffered a less serious injury that you may recover from after a finite amount of time, the insurance company may attempt to use the “per diem method” of calculation. Here, the insurance company will assign a daily value to the pain and suffering that you have endured after your accident until the time that you have fully recovered from your injuries. Again, the exact amount that the insurance company offers you will likely be lower than the true amount of your discomfort and inconvenience.
Your Own Circumstances Should Determine Your Pain and Suffering Recovery
No matter how much pain and suffering is talked about in terms of a calculation, you should never forget that your own individual experience controls how much money you may be able to receive. The insurance company wants to use a so-called “objective formula” because it means that they may be able to circumvent the requirement to fully pay for your own individualized pain and suffering damages. It is up to your truck accident lawyer to ensure that your story is told in a way that results in full compensation. If the insurance company refuses to listen and insists on using a calculation that underpays your damages, you may need to take your case to court in a lawsuit.
Our Experienced Macon Truck Accident Lawyers at Childers & McCain, LLC, Will Fight to Get You the Compensation You Deserve
Our Macon truck accident lawyers at Childers & McCain, LLC can quantify all of your damages, so you know how much to seek in a lawsuit. To schedule a free consultation, submit our online contact form or call us today at 478-254-2007. Located in Macon, Georgia, we gladly serve clients in the surrounding areas.