Car accidents cause injuries, and those injuries often lead to more than just medical bills. They bring emotional distress, physical pain, and lasting life changes. While many people understand that the at-fault driver’s insurance may cover financial losses, a common question is: who pays for pain and suffering in a car accident? Here’s what you should know about recovering pain and suffering damages after an Alabama car accident.
Who Pays for Pain and Suffering in a Car Accident?
Personal injury cases are based on negligence. A negligent person is one who doesn’t follow the standards that a reasonable person would under the circumstances. For example, even if the speed limit is 55 mph, a reasonable person would drive more slowly in bad weather. Driving 55 mph on an icy road could be considered negligent.
When a negligent driver causes a crash, they, and more commonly, their insurance company, are responsible for paying damages. These damages are meant to place the injured person as close as possible to the position they were in before the accident. While money can’t erase pain, it can compensate for both financial losses and personal suffering.
What Types of Damages Cover Pain and Suffering?
There are two types of damages that compensate people after a car accident.
The first is economic damages. These reimburse the injured person for measurable financial losses like medical bills, hospital care, physical therapy, lost wages, and property damage.
The second type, non-economic damages, is where pain and suffering come in. These damages cover more personal and subjective losses, including emotional distress, anxiety, post-traumatic stress disorder (PTSD), loss of enjoyment of life, and harm to relationships (known as “loss of consortium”).
What Does Pain and Suffering Really Mean?
To understand how pain and suffering is compensated, and who pays for it, consider this example. Jay was in a car accident that caused him to break several vertebrae. He experienced severe back pain every day for 18 months.
Jay can recover compensation for his medical expenses and lost income. But he can also seek damages for the physical pain and emotional toll the injury caused. Because the at-fault driver is responsible, their insurer would typically pay these pain and suffering damages as part of a settlement or court award.
How Do You Prove Pain and Suffering?
Even though the at-fault party pays for pain and suffering, proving these damages can be challenging. Unlike medical bills, there’s no fixed price for pain. It varies from person to person and is inherently subjective.
Still, there are ways to build a strong claim. Medical records can document ongoing pain and treatment. Personal journals can show how injuries affect daily life. Testimony from doctors, family members, and mental health professionals can also support your claim.
Because these damages are harder to quantify, working with an experienced Alabama accident lawyer can help ensure you present the strongest case possible.
How Is Pain and Suffering Calculated?
Even though the at-fault driver (through their insurance) pays for pain and suffering, determining the amount is not always straightforward. Alabama personal injury lawyers commonly use two methods:
The Multiplier Method. The most common approach is to total the economic damages and multiply that amount by a number, typically between 1.5 and 5. This multiplier reflects the severity of the injury.
Factors that may increase the multiplier include:
- Severe injuries,
- Multiple injuries,
- Permanent conditions,
- The need for ongoing medical care, and
- Injuries that won’t improve with treatment.
More serious injuries generally lead to higher compensation, though insurance companies often dispute the appropriate multiplier.
The Per Diem Method. “Per diem” means “per day.” In this method, a daily value is assigned to the injured person’s pain and multiplied by the number of days they experienced it, often from the date of injury to maximum medical improvement.
The Takeaway. Even though the responsible party’s insurance pays for pain and suffering, insurers may challenge both the method and the final amount. This is one reason why having a skilled attorney is so important.
Want to Learn More About Who Pays for Pain and Suffering in a Car Accident?
Understanding who pays for pain and suffering, and how those damages are calculated, can make a big difference in your case. If you have more questions about pain and suffering or other personal injury topics, contact Collins Law, LLC. Our firm’s founder, April H. Collins, is a trusted Birmingham accident lawyer who handles motor vehicle accidents, trucking accidents, and many other types of collisions. Call us at 205-588-1411 or use our website’s online scheduling tool.
