How much you should ask for pain and suffering in a car accident depends on the injuries you suffered, the pain they cause, and how they will continue to affect you. When you are injured after a car accident, you may determine the financial cost of your pain and suffering in various ways. According to the Oxford Handbook of Law and Economics, these may include:
- Assigning a dollar figure to the distress that you experience on a daily basis—this is sometimes referred to as the “per diem” method of calculating the cost of pain and suffering.
- Multiplying the amount of your tangible financial losses by a certain figure.
- Asking the jury to provide compensation that they believe is reasonable, requiring them to put themselves in a victim’s shoes (and to contemplate the compensation they would require to voluntarily sustain the pain and suffering of the victim).
How does The Cochran Firm – Nashville typically calculate non-economic damages like pain and suffering?
Typically, we assess the value of pain and suffering claims by adding up a client’s medical bills, lost wages, property loss amounts. We, then, multiply that total by a figure between 1 and 5. The determination of what multiplier between 1-5 to use depends on the specific facts of the case. It is important to note that pursuant to Tennessee Code Ann. § 29-39-102, the recovery limit or “cap” for the portion of the lawsuit involving pain and suffering (non-economic damages) is $750,000.
We can assist you in determining what a reasonable request for compensation may be if you were the victim of negligence.
Car Accidents Can Cause Great Pain and Suffering
Those who have been in a car accident know there are few events more frightening than being struck by another vehicle. A car accident may lead to, in the short-term:
- Severe pain
You may realize that:
- You have been seriously injured by the accident in which you were involved.
- Another driver did something reckless or careless that put your health (and possibly your life) at risk.
- Your life may never be the same because of the injuries you suffered in the accident.
This third point—long-term or permanent harm to your health, your sense of safety, your quality of life, or some combination—may lie at the heart of your pain and suffering.
From a legal perspective, pain and suffering may include:
- Physical pain that results from the accident in the short-term, during your recovery period, and/or in the form of chronic pain
- Mental anguish (such as anxiety, depression, and distress caused by your physical pain) that is caused by injuries sustained in your accident
- The imposition of chronic stress, flashbacks, and other symptoms that may be characterized as post-traumatic stress disorder (PTSD)
The above adverse consequences of your accident may be the basis of what you may deserve in terms of compensation for pain and suffering.
A Lawyer Can Help You Form Your Case for Compensation
If you are experiencing, or have experienced, symptoms that qualify as pain and suffering, you may not be willing or able to file a case for compensation on your own, though it is your right. If you would like assistance in pursuing compensation for pain and suffering and other losses related to your accident, reach out to a law firm.
A lawyer should assess your case, collect evidence, and draft the paperwork necessary to file your case in the appropriate legal jurisdiction. They will also work to determine how much you should ask for pain and suffering for a car accident by:
- Calculating the tangible costs from your accident, such as medical bills and lost income
- Determining the nature and extent of your pain and suffering
- Valuing your damages
- Consulting any experts who could assist them in calculating fair compensation for your losses
Your case may result in a settlement that allows you to avoid trial, or a trial may be necessary—it depends on the course that your lawsuit takes.
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Steps that we take when handling our clients’ cases include:
- Answering your questions
- Updating you about the case at all stages
- Representing you in court, if necessary
- Gathering and analyzing evidence to support your case, like eyewitness testimony, pictures and videos of the accident, and police and medical reports
Our team is ready to help you prove that the responsible parties are liable for your injuries by establishing that:
- The other party owed you a duty of care.
- The other party violated this duty of care.
- The violation led to your accident.
- The accident caused you financial harm.
Our firm embraces the rich legend and legacy of Mr. Johnnie Cochran, Jr. in all that we do. Call our team at The Cochran Firm - Nashville today at 615-678-6278 for a free consultation.