How to Get Pain and Suffering from a Car Accident

If you’ve been in an auto accident in Buffalo, NY, you might be wondering how to get pain and suffering from car accident compensation. Pain and suffering damages go beyond medical bills or lost wages, addressing the physical and emotional impact of the accident on your life. The law firm of O’Brien & Ford can help you understand what qualifies as pain and suffering and how to substantiate your claim to maximize your compensation. Here, we’ll break down everything you need to know for your settlement or lawsuit.

Understanding the Definition of Pain and Suffering

Pain and suffering, in legal terms, refers to the physical discomfort and emotional distress stemming from an injury. These fall under noneconomic damages, which do not have explicit monetary values like hospital bills or lost wages. According to Cornell Law, the concept covers anguish, trauma, loss of enjoyment of life, and inconvenience caused by the accident.

Effects of Physical Pain and Suffering After a Crash

Physical injuries resulting from a car accident can leave long-lasting pain. This includes conditions like:

• Chronic back or neck pain
• Complex bone fractures
• Nerve damage with ongoing symptoms like tingling or numbness
• Headaches from concussions or post-concussion syndrome

These physical effects can significantly influence a person’s daily living, from difficulty performing routine tasks to needing long-term medical care.

Emotional Distress and Psychological Impact of an Accident

Car accidents don’t only affect your body; they also leave emotional scars. Emotional distress can manifest as anxiety, depression, PTSD, and even loss of interest in hobbies or social interactions. These issues often linger long after physical injuries have healed. According to the Anxiety and Depression Association of America, many accident survivors experience nightmares and heightened anxiety or avoid driving altogether. These psychological challenges can disrupt your personal and professional life, sometimes requiring therapy, medication, or support groups to regain a sense of normalcy and well-being. Emotional recovery often takes time and specialized care.

Average Compensation for Pain and Suffering in Auto Accidents

While there’s no fixed amount for pain and suffering damages, they can vary widely depending on the severity of the case. Many settlements include anywhere from several thousand dollars up to much more significant sums for severe injuries or permanent disabilities. The final figure hinges on factors like:

• The severity of physical injuries
• Duration of recovery or permanence of impairment
• Emotional and psychological trauma caused by the accident
• The ways the injury affects your life, such as stopping you from working or enjoying everyday activities

Car accident settlements for pain and suffering in New York do not have caps, meaning there is no legal limit to the amount awarded.

Methods for Calculating Pain and Suffering Damages

Pain and suffering damages are usually calculated using two primary methods.

Multiplier Method

This approach multiplies the total economic damages (like medical expenses) by a factor ranging from 1.5 to 5. Severe injuries with lasting impacts result in higher multipliers. For example:

• Economic damages (e.g., medical bills and lost wages): $40,000
• Multiplier (severity factor): 3
• Pain and suffering total = $120,000

Per Diem Method

The per diem method assigns a daily dollar amount for every day the victim endures pain and suffering. For instance:

• Daily rate for suffering = $200
• Length of recovery = 140 days
• Pain and suffering total = $28,000

How to Prove Pain and Suffering in a Car Accident Lawsuit

To successfully obtain compensation for pain and suffering, you must provide solid evidence to substantiate your claim, which often includes:

• Medical Records detailing your injuries, treatments, and ongoing conditions.
• Pain Journal documenting your daily struggle post-accident, including descriptions of pain levels and emotional distress.
• Statements from Witnesses who can attest to how your life has changed after the accident. These could include family, friends, or coworkers.
• Expert Testimonies from medical professionals that explain the impact of your injuries and mental health challenges.
• Photos or Videos of Injuries to visually reinforce the damage caused by the accident.

Gathering these forms of documentation strengthens your claim and makes it more compelling to insurance adjusters or jurors.

Get Legal Help for Your Pain and Suffering Claim with O’Brien & Ford

Don’t leave your pain and suffering claim to chance. At O’Brien & Ford, we understand the toll a car accident can take on your physical and emotional well-being. Our experienced legal team is ready to fight for the compensation you deserve. Call us today at (716) 222-2222 for a free consultation, and let us help you regain control of your life!

Chris O’Brien

Chris O’Brien is a nationally recognized personal injury attorney with over 30 years of experience fighting for accident victims in Western New York. A founding partner at O’Brien & Ford, he has helped recover millions for clients and built a reputation as a top trial lawyer and educator. Chris is a Diplomate of the National College of Advocacy, a member of the Million Dollar Advocates Forum, and was named one of Western New York’s Top Ten Lawyers by Buffalo Business First. He lives in Amherst with his family and their Bernedoodle, Moose.

Years of experience: 33 years
Practice areas: Personal Injury Law, Car Accidents
Location: Buffalo, New York