When you sue for damages after a car accident, it can be easy to quantify some of the costs of an accident. If you have medical bills, they are for a specific amount. If you missed work and lost wages, it’s simple enough to figure out how much. How do you calculate something like pain and suffering though? Insurance companies have their ways, and if you want a fair settlement you may want to see what our Washington, D.C. car accident lawyers can do for you.
How Do I Sue for Pain and Suffering?
When you get into a car accident, you can use your own insurance coverage to pay for some of the expenses stemming from the accident. Your insurer will not reimburse you for pain and suffering though. To receive damages for that, you must file a lawsuit against another driver involved in an accident. If another driver was negligent and you can prove that in a personal injury suit, then their insurer will pay you for pain and suffering.
What Do Insurers Consider When Calculating Pain and Suffering?
Even though it seems like a difficult thing to assign a number to, insurance companies have developed their own ways to calculate how much they should pay for pain and suffering. They will look at a variety of factors, including:
- The severity of your injuries
- How long of a recovery you’ll face
- Whether your injuries will continue to affect you
- If your physical injuries had mental health side effects
- Whether you contributed to the car accident
They can look at a wide range of evidence here. That’s why it’s a good idea for you to keep things like medical bills, prescription records, and anything else that can show an insurer how much pain and suffering the accident caused. Once the insurer determines how severe the effects of a car accident were, they will usually choose a multiplier between 1.5 and 5. They multiply your medical expenses by that number and determine how much should be paid out in damages. Someone with an easier recovery might get a multiplier of 2, while accident victims with severe injuries and mental health issues may end up with a multiplier of 4 or 5.
How Long Do I Have to Sue Another Driver for Damages?
You have three years to pursue a personal injury case. This seems like a long time, but we do not recommend delaying action too long. The sooner you act, the easier it can be for your lawyer to secure useful evidence and track down witnesses. Plus, the sooner you file your case, the sooner you can collect your compensation.
Schedule Your Consultation
When you are ready to fight for the compensation that you deserve, we are ready to assist you. Contact Trombly & Singer, PLLC and ask to schedule a consultation. We look forward to helping you and your family in this difficult time.