When you or a loved one is injured due to another driver’s negligence, it’s your right to seek compensation for damages resulting from the car accident. The costs of getting treatment for injuries can quickly add up. However, there is more to car accident damage than just recovering from injuries. The less understood part of car accident damage involves emotional trauma, pain and suffering. How do you calculate such damages and determine the proper compensation? A car accident lawyer in Miami can help you manage this tricky situation and ensure you get the proper compensation commensurate with the damages.

 

Pain and Suffering Damages Defined

Physical injury is the most apparent damage a victim sustains during a car crash. Depending on the type and severity of the injury, the pain and suffering a victim experiences can last for a few days, weeks, or months. However, some injuries can be debilitating and affect the victim for a lifetime.

Some examples of long-lasting injuries due to a car collision are neck pain, nerve damage, traumatic brain injuries, spinal cord injuries, and paralysis. 

However, physical pain is just one type of suffering and damage that a victim can sustain due to a car crash. Emotional distress is another category of pain and suffering that is often misrepresented during a car accident settlement. 

The Florida state law defines emotional distress as causing mental harm to the victim due to another person’s negligence. There are several types of emotional distress, such as the following: 

  • PTSD
  • Trauma due to a loved one’s death
  • Survivor guilt
  • Cognitive changes
  • Fear or anxiety

Calculating damages based on these emotional responses can be more challenging. You need an experienced car accident lawyer in Miami to help determine how much compensation to seek from the negligent driver.

 

Types of Damages in a Car Accident Settlement Claim

Since Florida is a no-fault state, you can pursue a negligent driver’s insurance coverage to pay for any damages sustained due to a collision, especially if they are proven at fault. 

But what types of damages can you add to your insurance claim? 

The first one is economic damages. Calculating economic damages is easy because there is a corresponding dollar amount that you can use to determine how much compensation to ask for. An example would be your medical bills and lost wages if you cannot work due to your injuries.

Your car accident lawyer can claim these economic damages to ensure you get paid for what you’ve lost. 

The next type of damage you can include in pursuing a car accident claim is general or non-economic damages. This refers to the pain and suffering a victim experiences from the accident. It includes emotional trauma or the loss of a loved one. It is more difficult to compute these damages because the perceived value is relative but equally deserves compensation.

Man talking to a car accident lawyer in Miami.

Proving Damages Due to Pain and Suffering

With your lawyer’s help, you can gather documented evidence demonstrating emotional pain and suffering as damages due to a car collision. The following are examples of documented evidence that is honored in a car accident settlement claim:

  • Photographs
  • Medical documents and reports
  • Written opinion of a medical or mental health expert
  • Personal testimonies
  • Testimonies from family, friends, and co-workers

Based on the evidence presented, all parties will agree on the scope of pain and suffering as damages to a car collision incident. Therefore, working with an experienced car accident lawyer in Miami is crucial as they can guide you in navigating this complex legal situation. With expert legal help, you can get the compensation you seek. 

 

How to Calculate Pain and Suffering Damages

How will the insurance company and court determine the pain and suffering damages based on the evidence presented? There are several methods used to calculate pain and suffering damages.

The Multiplier Method

Most insurance companies use the multiplier method to calculate the amount to pay victims seeking settlement or compensation. The process involves adding up the medical expenses and actual damages and multiplying them by 1.5 or 5, depending on the severity of the injuries or damages. 

The severity of injuries or damage will be based on how long you are forced out of work due to those injuries. The longer the amount of time you are unable to work, the higher the multiplier (and the higher the compensation amount).

For example, your total medical bill is $1,000, and you suffered serious injuries that required you to be off work for up to two months to facilitate recovery. In this case, you should multiply $1,000 by 5 since it is the maximum multiplier due to the severe injuries. Therefore, the total is $5,000. Plus, you must consider that you had to miss work for 60 days and make $50 a day. That would be an additional $3,000 that you can add to your settlement claim. Your total compensation for pain and suffering damages is $8,000. 

The Per Diem Method

The Per Diem Method is another way to calculate pain and suffering damages due to a car accident in Miami. Per Diem means “per day,” which gives you an insight into how pain and suffering damages are calculated. 

This method allows a victim payment for each day of pain and lost wages due to the injuries from a car accident. It is a more upfront method of calculating settlement compensation based on how much you usually make daily. 

For example, you earn $50 daily and miss work for 60 days. That would be $3,000 in lost wages; you add the $1,000 medical bill. You can seek a compensation of $4,000 using the Per Diem method. 

 

Why You Need a Car Accident Lawyer When Seeking Damages

Since there is a significant discrepancy in the compensation you get using the two calculation methods, working with a car accident lawyer in Miami is vital. They can negotiate with your insurance company to get maximum financial benefit from the settlement claim as per the extent of your pain and suffering damages. Their goal is to achieve the best settlement offer possible for your case, especially if you suffered severe injuries and cannot work for a long time.