Pain and Suffering in a Car Accident Case

Car accident victims often endure emotional suffering, mental anguish, and ongoing physical pain, which can significantly affect their quality of life. These experiences are called “pain and suffering” in personal injury law.

Unlike economic damages that are easily quantifiable, such as medical expenses and lost wages, pain and suffering are subjective. This makes it challenging to assign a specific dollar amount to these damages.

With the help of a skilled North Carolina car accident lawyer, you can recover the compensation you deserve for pain and suffering. Our legal team is dedicated to providing top-quality legal representation to car accident victims.

Contact us today for a free case evaluation.

What Is Pain and Suffering in a Car Accident Case?

Pain and suffering refer to the physical pain and emotional distress caused by the car accident. Physical suffering can encompass chronic pain and limitations caused by your injuries.

Emotional suffering includes the psychological impact of the accident and injuries. This might involve anxiety, depression, post-traumatic stress disorder (PTSD), fear of driving, and other forms of mental anguish.

Pain and suffering fall under the category of non-economic damages. While economic damages like medical bills can be calculated with financial records, putting a value on non-economic damages is more difficult.

How to Prove Pain and Suffering in a Car Accident Case

Proving pain and suffering in a car accident case is essential for securing the compensation you deserve. Several types of documentation and testimony can support a claim for pain and suffering damages.

Medical Records

Medical records document the extent and nature of your car accident injuries. They also detail the treatments received, the prognosis for recovery, and any ongoing medical issues that may cause pain or discomfort. Medical records can demonstrate the physical pain you’ve suffered.

Expert Testimony

Medical professionals, such as doctors and physical therapists, can provide expert testimony about your injuries and the resulting pain and suffering. They can explain how auto accident injuries impact your daily life and future well-being.

Other experts, such as psychologists or vocational rehabilitation specialists, can offer valuable testimony regarding your emotional suffering and potential limitations in performing work or daily activities.

Personal Testimony

Describing your pain and suffering in your own words can be one of the most powerful types of evidence. Your account can show the accident’s impact on your relationships, job, and overall quality of life. Testimony from close friends and family members can also strengthen your case.

A car accident attorney will often use a combination of these forms of evidence to build a compelling case for pain and suffering damages.

Driver With Whiplash, Pain and Suffering From Car Accident

How Pain and Suffering Compensation Is Calculated

North Carolina does not have a set formula for calculating pain and suffering in a car accident case. Insurance companies and courts might use several methods to calculate pain and suffering.

Multiplier Method

The multiplier method is one of the most common methods insurance companies use to calculate pain and suffering. The total amount of economic damages (such as medical expenses and lost wages) is multiplied by a number, typically ranging from 1.5 to 5.

The multiplier depends on the severity of the injuries and the impact on the victim’s life. If an accident victim has minor injuries, the economic damages may be multiplied by 1.5 or 2. The economic damages may be multiplied by 4 or 5 for someone with severe, life-altering injuries.

Per Diem Method

The per diem method assigns a specific dollar amount to each day from the accident until the victim reaches maximum recovery. This method is often used for injuries with a long recovery period. The daily rate could be based on the victim’s daily earnings or another reasonable figure reflecting their daily suffering.

Jury Decisions

If your car accident case goes to trial, a jury can decide a fair amount for pain and suffering compensation based on the evidence presented. Juries have significant discretion and may award amounts higher or lower than what an insurance company might have offered.

A skilled personal injury lawyer will present a strong case to maximize your compensation. If you have questions about how much money you could recover in your car accident claim, contact our attorneys today for a free consultation.

Are There Limits on Pain and Suffering Damages in North Carolina?

One important question victims often have is whether there is a cap on pain and suffering damages in North Carolina. Unlike some states that impose strict limits on non-economic damages, North Carolina does not have a general cap on pain and suffering damages in car accident cases. A victim could receive any amount deemed appropriate by a jury or agreed upon in a settlement.

North Carolina law imposes a limit on non-economic damages in medical malpractice cases.

The Time Limit to File a Car Accident Case

North Carolina law sets a time limit, known as the statute of limitations, for filing a lawsuit after a car crash. The deadline for filing a personal injury lawsuit is generally three years from the accident. The statute of limitations for filing a wrongful death claim is two years from the death.

You should contact a lawyer as soon as possible.

How Much Does a Car Accident Attorney Charge?

Most North Carolina car accident lawyers, including our law firm, operate on a contingency fee basis. This means that the attorney’s fees depend on the outcome of your case. In other words, you don’t have to pay any upfront fees or hourly rates.

Instead, your lawyer will only get paid if they secure a settlement or court victory.

Call Our Accident Attorneys for a Free Case Evaluation

Car accidents can be life-altering events, leaving victims with physical injuries, emotional trauma, and financial burdens. Pain and suffering damages are a critical component of compensation in a car accident case, reflecting the emotional and physical toll an accident can take on a victim’s life.

Our North Carolina car accident lawyers are dedicated to helping clients win the maximum compensation. Our legal team will negotiate with the other driver’s insurance company for a fair settlement. If necessary, we are prepared to take your case to court.

Call us today at 864-561-6247 or use our contact form to schedule a free consultation.

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