How to Determine Pain and Suffering From a Virginia Auto Accident

After an auto accident in Virginia, victims often endure not just physical injuries but also emotional and psychological hardships. This combination of physical pain and mental distress is known as pain and suffering, a key component of a personal injury claim. 

As opposed to tangible economic damages such as medical expenses, pain and suffering is non-economic, meaning it doesn’t come with a clear price tag. It is advisable to seek the help of a trusted law firm when dealing with this aspect of damages. The right car accident lawyer understands how to determine pain and suffering from a Virginia car accident to ensure you obtain the compensation you deserve. 

Determining Pain and Suffering in Virginia Auto Accident Claims

In Virginia, lawyers use established methods to calculate pain and suffering, ensuring victims are fairly compensated for their experiences. There are two common approaches that are used, known as the multiplier approach and the per diem method.

Multiplier Method

This method starts by considering your total economic damages, such as medical expenses and lost income. Then, the lawyer multiplies them by a number, usually between 1.5 and 5. The chosen multiplier indicates the seriousness of your injuries and their impact on your life. 

For example, if your economic damages are $20,000 and a multiplier of 2 is applied, your recovery for pain and suffering translates to $40,000.

Per Diem Method

This approach assigns a daily monetary value to your pain and suffering, then multiplies it by the number of days you’ve been affected. For instance, if a daily rate of $200 is set and you’ve suffered for 100 days, your pain and suffering recovery would amount to $20,000.

Fortunately, Virginia law imposes no statutory cap on non-economic damages in auto accident cases, unlike some other states. This means your claim isn’t restricted by a legal ceiling, but it must be reasonable and backed by solid evidence. The final amount often depends on the unique facts of your case and negotiations with insurers or in court.

How an Auto Accident Lawyer Can Help

It is not always easy to determine pain and suffering. It becomes more challenging when insurers dispute claims so as to reduce payouts. However, your auto accident lawyer in Virginia can provide assistance by:

• Gathering Evidence: They collect medical records, personal statements, and expert testimony to demonstrate the scope of your physical pain and emotional distress.
• Evaluating Your Case: A lawyer figures out how to determine pain and suffering from a Virginia auto accident. He will assess whether the multiplier or per diem method best suits your situation to ensure the calculation accurately reflects your suffering.
• Negotiating Fairly: Adjusters may undervalue your claim, but a lawyer advocates for you to push for compensation that matches your losses.

Legal assistance is very key because pain and suffering are subjective and harder to prove than tangible costs. With a lawyer’s help, you can build a strong case within Virginia’s two-year statute of limitations. Make sure to contact your attorney as soon as possible to start gathering key evidence to support your claim for compensation. 

Call a Virginia Auto Accident Lawyer Today

A winning claim for pain and suffering damages in an auto accident requires careful evaluation of its impact on the victim’s life. If you’ve sustained harm in a Virginia auto accident, don’t stress about how to determine pain and suffering from a Virginia auto accident alone. Contact Geoff McDonald & Associates online or call 804-888-8888 for a free consultation. A lawyer can steer you through every step to ensure your physical and emotional hardships are recognized and fairly compensated.