Did you know that 275,913,237 personal and commercial vehicles are registered in the U.S. as of November 2023? A U.S. Census survey shows that roughly 92% of American households own at least one car.
While this statistic highlights how motor vehicles have become necessary in navigating today’s world, it’s also a growing cause for concern.
Whether you’re going to work or picking your kids up from school, the more cars there are on the roads, the likelier you’ll experience a vehicular accident at some point.
The data supports this sentiment. From 2018 to 2022, fatal road accidents have increased by over 16%. In 2021 alone, there were approximately 6,102,936 car accidents in the country— and that figure only refers to police-reported incidents.
Unfortunately, a road mishap can be a life-altering event. It can leave you grappling with physical injuries, emotional distress, and financial burdens.
Therefore, understanding the fundamentals of damages and compensation is crucial if you’ve been impacted by an auto accident.
This article explores the complexities of personal injury settlements and introduces the concept of a car accident settlement calculator.
Are you looking for additional information on how to effectively traverse the landscape of motor vehicular mishaps? Visit PersonalInjuryLawyersSearch.org to get legal advice from the most suitable attorney for your situation.
Were You Injured in an Auto Accident?
Imagine you’re cruising down the highway, enjoying music playing on the radio, and then “Bam!” After gathering your thoughts, you realize you’ve been in a car accident.
So, what do you do? Your next steps are critical if you’ve been hurt in a road mishap. Here are some of the things you must do immediately following a car collision:
- Call law enforcement: Checking your physical condition after an auto accident is a top priority. Alerting the authorities of the incident is a close second for several reasons.
However, one of the primary justifications for calling police officers is that they perform preliminary investigations, including interviewing the involved individuals and witnesses.
A police report of the accident can help prove liability, which is essential in determining who covers medical expenses and filing a claim with the other party’s insurance company. - Seek immediate medical attention: Medical bills can add up quickly. However, prioritizing medical treatment for your injuries over the potential expenses ensures your well-being. It also boosts the success of a personal injury claim.
Some insurance adjusters may argue that you weren’t hurt due to the car accident if you don’t treat your injuries immediately, ultimately diminishing your case. Others may even insist that you faked your pain and suffering to demand a substantial settlement amount. - Hire an experienced accident attorney: You can represent yourself on your accident claim. Keeping detailed records of the road incident, such as hospital bills and injury diagnoses, can assist in advancing your case.
However, many insurance providers will do their utmost to deny liability. Fortunately, having a car accident lawyer can increase your odds of receiving an appropriate settlement amount by around two to three times.
If you need a law firm or a personal injury attorney to give you your best chance of receiving appropriate compensation for your car accident case, visit PersonalInjuryLawyersSearch.org.
Learn the Basics of Damages and Compensation
You must seek compensation for the two primary types of damages — economic and non-economic — when pursuing a tort claim from injuries you received by the negligence or misconduct of another individual.
However, you can also claim damages for “pain and suffering,” which reflects the combined physical and emotional distress you experienced due to the car accident.
A tort is defined as an act or omission that results in injury or harm to another and amounts to a civil wrong for which a court imposes liability.
What Is Pain and Suffering?
Let’s assume that you’ve been in a car accident. The injuries you’ve sustained require you to stay in a hospital for two weeks.
During your recovery, you’ll likely feel the tangible economic effects of an auto accident, such as medical treatment bills, lost wages from missed work, and property damage.
When filing a personal injury claim, you’ll want the settlement value to cover these financial burdens. However, you can also pursue the intangible impacts of your physical injuries, such as discomfort, via “pain and suffering.”
Why Do You Need a Pain and Suffering Calculator?
Putting a dollar value on concepts like pain and suffering can be challenging. After all, you can’t measure discomfort or trauma precisely.
If you’re finding it challenging to give pain a monetary value, you’re not the only one. Insurance companies and even juries often grapple with determining the worth of pain and suffering damages.
Fortunately, a pain-and-suffering calculator can help you streamline this process. This valuable tool uses both of the following approaches:
- Pain multiplier: This method gets the pain value by multiplying the financial damages, like medical expenses, by the multiplier. The multiplier is generally a number between 1.5 and 5. Substantial injuries result in a higher multiplier.
- Per diem: This process determines the pain-and-suffering value using the estimated number of days your injuries persist multiplied by a daily rate. This set rate is usually equal to your daily wage.
How Does the Pain and Suffering Calculator Work?
A pain-and-suffering calculator estimates the dollar amount you should receive as compensation for your physical and emotional hardships.
It’s worth noting, however, that these calculators only provide rough valuations. Additionally, the method a specific calculator uses to determine pain and suffering can vary significantly from another.
For instance, Forbes’ pain-and-suffering tool determines the dollar value based on the following information:
- Your past and future medical expenses
- The suffering multiplier
- Number of days you’ve experienced discomfort from your injuries
- Your daily earnings
What Can You Do With the Information From a Pain and Suffering Calculator?
Although pain-and-suffering calculators can use various calculation approaches, the information they provide can be valuable tools for the following reasons:
- You get a settlement estimate: Emotional and physical pain can have long-lasting effects. A calculator can give you insight into your potential compensation, allowing you to plan for the future.
Having an estimate can also be beneficial when you receive a settlement offer, as it can help you decide whether to accept, negotiate, or pursue legal action. - You receive supporting information for a demand letter: When settling out-of-court, sending a demand letter informs the other party about your expectations regarding the value of your claim. Including pain and suffering can help back the total amount you’re asking for.
Confirm With a Lawyer
As mentioned, pain-and-suffering calculators only provide projections. Moreover, insurers may use different calculation approaches, resulting in different outcomes.
For this reason, it’s in your best interest to seek help from a personal injury lawyer. An experienced professional specializing in personal injury law gives you the best odds of getting appropriate compensation. Visit PersonalInjuryLawyersSearch.org for a free consultation.
Evaluate the Effectiveness of Settlement Calculators
While car accident settlement calculators offer several benefits, including giving you a ballpark figure of your potential payout, they can be dangerous and even detrimental to your case.
Various factors, such as insurance policy limits, the scope of your injuries, and the supporting evidence for your claim, can affect the total compensation amount. In other words, these tools may not be suitable for every scenario.
Limitations of Personal Injury Settlement Calculators
A personal injury settlement calculator can serve as a valuable tool in estimating the potential value of your case. However, you must recognize that this instrument and others like it have shortcomings.
Here are some drawbacks to accident settlement calculators that may make the calculator app on your phone better:
- They can’t quantify case strengths and weaknesses: A significant limitation of personal injury settlement calculators is that they may not always consider non-economic factors, such as the impact of your injuries on your daily life and their possible future impact.
- They use ranges: Although the estimates from settlement calculators give you a starting point, they’re often expressed in ranges instead of exact amounts. In other words, the actual settlement value can vary depending on the nuances of your case.
- They’re not substitutes for legal advice: As mentioned, you can use results for injury calculators to make your claims more effective. However, if you want a deeper look into your case, you’re better off hiring a personal injury attorney.
What a Lawyer’s Calculator May Indicate
Law professionals generally have your best interests in mind. However, not all attorneys are created equal. Some would rely on personal injury settlement calculators to avoid spending time understanding your case.
Therefore, you must be vigilant if your car accident lawyer has a settlement calculator on their website or asks you to use one.
If you want an experienced lawyer to protect your interests, visit PersonalInjuryLawyersSearch.org. Doing so lets you find a professional who won’t take shortcuts and learn how your injuries are uniquely detrimental to you.
Multiples Approach Is Also Defective and Unreliable
As mentioned, the multiples approach uses a multiplier to give you a projection of your case’s strength based on the severity of your motor vehicular injuries.
Unfortunately, calculators that use this method to estimate your potential settlement target only give surface-level information, as they don’t consider other details that a trustworthy personal injury lawyer would.
The 4 Variables That Control Your Accident Settlement and Verdict
Various factors affect the outcome of a personal injury claim, particularly the total settlement amount. However, most car accident lawyers consider four primary variables.
The four elements that dictate the value of your auto mishap case are the following:
- Economic damages
- Non-economic damages
- Intangibles
- Technique
Let’s break each of them down, shall we?
The First Variable: Economic Damages
To put it briefly, “economic” damages are the losses you suffered from your auto accident. It’s a straightforward factor, as it refers to the financial damages you and others, such as your case’s presiding judge, can put a dollar value on.
Economic damages include your hospital bills, lost earnings from your injuries, future medical expenses like rehabilitation, future lost income, and vehicle damage.
Economic Damages Problem: Necessary Treatment
Unfortunately, even if you can put a specific value on the damages you received from a road mishap, some losses may not be considered “necessary” and, therefore, may not be eligible for compensation.
To explain, let’s assume that your car injuries required you to take 30 physical therapy sessions. By the 20th instance, you’ve already recovered. You used the remaining 10 appointments to ensure your well-being.
In most cases, only the first 20 sessions will be recoverable economic damages. So, if each physical therapy bout costs $100, you can only claim $2,000 (20 x $100 = $2,000), not $3,000.
Many Economic Damages Challenges Exist
Addressing challenges related to economic damages requires vigilance. Unnecessary treatments and overbilling can significantly impact your claim’s recoverable amount.
Fortunately, a personal injury law firm with experienced attorneys can help address the vulnerabilities of your case. Visit PersonalInjuryLawyersSearch.org to learn about the other challenges with economic damages in a car accident claim.
The Second Variable: Non-economic Damages
If economic damages are ones you put a definite value on, non-economic damages are the opposite. These refer to the subjective or non-quantifiable losses that affect your quality of life.
In other words, non-economic damages are the discomfort, hardships, and inconvenience you experienced following your harrowing motor vehicular accident.
How to Value Non-economic Damages: Traditional Methods
Traditional approaches like car accident settlement calculators and the multiples approach typically fail to value non-economic damages accurately. After all, these damages are subjective.
For instance, let’s assume you receive a medical bill for treating your injuries. The figure on the receipt gives a definitive value to your damages.
In contrast, a traditional approach like the multiples method is based on “feelings.” If a lawyer “feels” your suffering isn’t substantial, they’ll use a lower multiplier, even if you “feel” otherwise.
How to Value Non-economic Damages: The Problem
The most significant issue with building a personal injury case around non-economic damages is that it can be vulnerable. How can you prove you deserve a settlement amount when your losses are unquantifiable?
For this reason, many car accident lawyers rely on traditional avenues to put a dollar value on your injuries. Unfortunately, as mentioned, calculators and multiples only provide rough estimates.
How to Value Non-economic Damages: The Truth
If you believe your non-economic damages deserve recovery, consider getting help from a law professional who values attorney-client relationships.
Visit PersonalInjuryLawyersSearch.org to learn how an experienced legal professional can maximize your non-economic damages claim. They may even study historical car accident verdicts and settlements to get you the compensation you deserve.
The Third Variable: Intangibles – Jurisdiction Matters
As cited, “intangibles” refer to case factors that can impact the result of a personal injury claim. These elements can be physical and mental in nature, such as trauma or pain.
However, the intangible variables can be more complex than non-economic damages. Take OJ Simpson’s trial, for example.
His court hearing occurred in the downtown Los Angeles courthouse. The establishment’s jurors were of a lower socioeconomic class and were more favorable towards Simpson.
Some argue that Simpson’s trial would’ve turned out differently if it had been held in the Santa Monica courthouse, as jurors in this area were of higher social standing than those in downtown Los Angeles.
Although there’s no tangible evidence that this hypothetical outcome would’ve occurred, many believe the sentiment.
How Many Intangibles Are There?
Unfortunately, what constitutes an “intangible” is debatable. For instance, a birth injury exacerbated by a car injury may fall under this category.
Fortunately, you don’t have to do any guesswork of what intangible can and cannot be used to boost your chances of receiving a satisfactory settlement. Visit PersonalInjuryLawyersSearch.org for a free consultation from personal injury attorneys across the U.S.
The Fourth Variable: Technique and Car Accident Settlement Advice
You can have all the data you want from personal injury settlement calculators. You can parade all the medical receipts you’ve collected for your car accident claim. However, these steps become useless if you don’t have the proper technique to incorporate them into your case.
Technique: Pain and Suffering Damages Only
There are various ways to improve your case’s value significantly. One is strategically focusing on pain and suffering damages while disregarding medical expenses.
While this approach may appear counterproductive, especially considering medical bills are tangible variables, it isn’t.
To explain, imagine you were in a car accident. The injuries you sustained substantially affected your ability to earn future income. However, what if your medical treatments didn’t cost much?
In this situation, most jurors would assume your case is relatively small. So, instead of backing your claim with hospital receipts, you would concentrate on conveying the pain and suffering you faced for a more effective strategy.
Recap on Techniques
Using the appropriate approach for your personal injury case is essential, as there are no do-overs once you receive your settlement. However, picking the most suitable technique can be challenging, especially without a legal background.
Enter PersonalInjuryLawyersSearch.org. This valuable resource lets you find a legal advisor to pair your unique motor vehicle accident case with the most fitting settlement technique.
Bringing the Variables Together
A personal injury settlement calculator can give you a baseline of your potential compensation. However, it may not always be a reliable tool, considering it may not factor in the four primary variables that affect a personal injury case.
But now, you can. So, let’s put everything you’ve learned to the test.
Sample Case Review to Demonstrate the Variables
Here’s a hypothetical scenario involving two individuals: George and John. Although they were in separate auto accidents, George and John faced similar injuries— a broken leg.
Both of the individuals received the same treatment. They underwent surgery to set their bones, requiring the installation of orthopedic screws. This procedure prevented both men from making a living for several months, prompting both men to file a personal injury claim.
The jurors in George’s case belonged to low-income households. In the court hearing, George’s lawyer presented that George lost a salary of $74,000 during his six-month recovery period.
On the other hand, John’s jurors were from middle-class families. However, his missed wages only amounted to $36,000 despite recovering for six months as George did.
In this situation, who do you think received a larger settlement?
As a disclaimer, this is a hypothetical scenario. It aims to convey how the four variables can significantly impact a personal injury case and the potential settlement amount.
Side-by-Side Case Comparison
It may be a surprise, but would you agree if George only received $100,000 as compensation versus John’s $500,000 in our hypothetical situation? Did you arrive at the same conclusion?
Here’s a side-by-side comparison of both men’s car accident cases and a breakdown of why John received a more substantial total settlement amount.
| George | John | |
| Injury | Broken Leg | Broken Leg |
| Treatment | Surgery and Orthopedic Screws | Surgery and Orthopedic Screws |
| Recovery Period | Six Months | Six Months |
| Missed Wages | $59,000 | $36,000 |
| Juror | Low-Income | Middle Class |
Although George and John sustained the same injuries and treatment and focused on their lost income in their case, the result of the claim lies in the intangibles, specifically their wages and the jurors.
George’s missed six-month salary of $74,000 is around the average annual wage in the U.S., making him unrelatable to his low-income jurors.
In contrast, John’s jurors were more receptive to his suffering, as his $36,00 missed wage suggests that he was only earning $6,000, the average monthly income in the country.
Assessing Pain and Suffering: A Skill, Not a Formula
While some may seem similar on the outside, every personal injury case is unique. A car accident settlement calculator may provide estimates but doesn’t consider the whole picture.
Therefore, consider employing the services of a personal injury lawyer— someone who will factor in all the variables of your situation. Visit PersonalInjuryLawyersSearch.org to increase your chances of getting the compensation you deserve.
Slip and Fall and Other Types of Personal Injuries
If you’ve been in an automobile accident, you may be eligible for a personal injury claim. However, it isn’t the only mishap for which you can receive an insurance claim settlement.
A settlement means resolving a personal injury case via the insurance claims process instead of a court trial.
The following injuries may qualify for an insurance settlement:
- Medical malpractice cases
- Wrongful death
- Accidents involving a drunk driver
- Nursing home abuse
- Dog bite attacks
- Work injury
Awards For Personal Injury Settlements
When pursuing a personal injury settlement, the details of your case are vital in determining your potential awards. However, the type of injury will require distinct considerations.
For instance, the most effective move in a vehicle-related injury is to consult a legal advisor specializing in car accident settlement cases. That said, car insurance companies also handle these types of claims.
On the other hand, a general damages case involves judges and jurors examining medical bills to determine compensation. It also considers pain and suffering, emotional distress, and the impact of the injury on your day-to-day living.
Factors That Can Diminish Your Claim
As mentioned repeatedly, several factors can impact the strength and case worth. These variables include the following:
Amount of Pain and Suffering
The scope of the pain and suffering you experienced following a car accident is essential in determining the settlement amount. For this reason, you must document how your injuries affected your routine activities.
Whether doing household chores or attending to your children, keep a daily log detailing the physical hardships and emotional challenges you encounter.
Emotional Distress
Did your road mishap lead to changes in your lifestyle? Did it trigger emotional problems, such as depression or anxiety?
If you’re looking to get the most dollar value for your emotional difficulties, you must maintain records of counseling, prescription receipts, and detailed records of your emotional state.
Medical Malpractice
While you may not want it to happen to you, instances of medical malpractice can increase the odds of a favorable settlement. Do understand, however, that medical malpractices, such as misdiagnosis, can delay your treatment and may even result in death.
You must consult a lawyer if you believe you’re dealing with a medical malpractice case. Visit PersonalInjuryLawyersSearch.org to find the most suitable legal counsel for your situation.
Adjust Your Settlement Target for Your Own Fault
The scope of your suffering following a motor vehicle accident is a primary driver of the outcome of your personal injury case. However, the degree of your own fault is also a consideration.
Pure Comparative Negligence States
The pure comparative negligence rule indicates that the plaintiff can claim damages for the 1% they are not at fault for, even when they are 99% at fault.
In the following states, the settlement amount you’ll acquire will be decreased by your percentage of culpability, with no limits:
| Alaska | Missouri |
| Arizona | New Mexico |
| California | New York |
| Florida | Rhode Island |
| Kentucky | South Dakota |
| Louisiana | Washington |
| Mississippi |
Modified Comparative Negligence States
In states with modified comparative negligence rules, your compensation is lessened based on your percentage of fault. However, if your liability exceeds 50%, you may not receive compensation for your damages.
This rule applies to states including:
| Arkansas | Nevada |
| Colorado | New Hampshire |
| Connecticut | New Jersey |
| Delaware | North Carolina |
| Georgia | North Dakota |
| Hawaii | Ohio |
| Idaho | Oklahoma |
| Illinois | Oregon |
| Indiana | Pennsylvania |
| Iowa | South Carolina |
| Kansas | Tenessee |
| Maine | Texas |
| Massachusetts | Utah |
| Michigan | Vermont |
| Minnesota | West Virginia |
| Montana | Wisconsin |
| Nebraska | Wyoming |
Contributory Negligence States
In contributory negligence states, a harsh rule applies— you cannot win any damages if you’re at least 1% responsible for the car accident. States with this rule include:
Statute of Limitations
The statute of limitations recommends a period of limitation for bringing certain types of legal action.
If you don’t file a personal injury lawsuit within the set time limit, it can result in losing your right to an insurance settlement.
The statute of limitations for a personal injury case in Los Angeles is two years from the injury. Fortunately, you have one year to file a lawsuit if your wounds aren’t discovered immediately.
If you live in another state, consider visiting PersonalInjuryLawyersSearch.org. This valuable resource allows you to match with an attorney specializing in your state’s laws.
Our Dedication to Legal Excellence
Visit PersonalInjuryLawyersSearch.org, your gateway to a comprehensive database of thousands of lawyers nationwide. This platform is designed to empower you in your quest for legal excellence by connecting you with experienced personal injury attorneys.
Frequently Asked Questions (FAQs)
1. What is the formula for pain and suffering?
The formula to determine pain and suffering varies depending on your approach. Using the multiples method, you multiply your losses by a specific multiplier, ranging from 1.5 to 5.
For instance, if your damages total $50,000 and you believe you suffered greatly from your injuries, you can multiply your losses by 5. In this scenario, your pain and injury are worth $250,000 ($50,000 x 5 = $250,000).
However, if you opt for the per diem process, you’ll multiply the number of days your hardship persists by your daily salary. In other words, if your daily wage is $100 and you experienced pain for 10 days, your pain and injury is $1,000 ($100 x 10 days = $1,000).
2. Is pain and suffering similar to emotional distress?
Emotional distress isn’t exactly the same as pain and suffering. Instead, they’re distinct variables when seeking compensation through a personal injury claim.
The former refers to the psychological or emotional impact of the car accident, including anxiety and depression. On the other hand, pain and suffering refer to physical hardships.
References
- 2023 Car ownership statistics
https://www.bankrate.com/insurance/car/car-ownership-statistics/ - Fatal car crash statistics 2023
https://www.usatoday.com/money/blueprint/auto-insurance/ - 10 Steps to Follow If You Have Been Injured in A Car Accident
https://www.piccutalaw.com/practice-areas/personal-injury/motor-vehicle - Free Pain And Suffering Calculator (2023)
https://www.forbes.com/advisor/legal/personal-injury/pain-suffering - Personal Injury Calculator? How to Really Value Cases
https://web.archive.org/web/20210611210533/https://injuryag.com/ - Can You Trust Personal Injury Settlement Calculators?
https://www.kingandbeaty.com/blog/personal-injury-settlement - What is the average salary in USA 2023?
https://www.nationwidevisas.com/usa-immigration/average-salary-in-usa - Pain and Suffering Calculator: How To Calculate Your Settlement Amount
https://denmonpearlman.com/pain-and-suffering-calculator - Calculate Your Personal Injury Settlement Value
https://www.alllaw.com/articles/nolo/personal-injury/calculator.html