How do you calculate pain and suffering damages in a car accident claim?


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Question:

I was driving on the highway when a car on a lane that was merging into mine failed to yield and slammed into the side of my car.  How do you calculate pain and suffering damages in a car accident claim?

Answer:

There are two types of damages that an injured driver may recover: special and general damages.  Special damages include hospital and medical bills, prescription medication, ambulance costs, and physical therapy.  While there is no hard-and-fast rule for computing pain and suffering damages, there is a general rule of thumb.  Calculate the damages linked to the bodily injuries you sustained, such as loss of consortium, loss of enjoyment of life, emotional distress, impairment, and pain and suffering, by relying on the amount of your medical expenses.  Typically, injured parties may recover pain and suffering damages that are 1-3 times the total amount of special damages.  Multiply your medical bills by a factor of three to arrive at a figure for your pain and suffering.  For instance, if your medical bills add up to $3,000, your pain and suffering would be $9,000.

Talk to a Car Accident Lawyer about your claim to find out how much money you are legally entitled to.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a lawyer for your case.

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