If you’ve recently been in a car accident, we invite you to discover the difference the right lawyer can make for your personal injury settlement or jury award. At the personal injury law offices of Wagner Reese, we believe there’s a big difference between settling for the compensation you can live with versus maximizing the outcome, and that depends on the attorneys you choose to hire.
This dedication to your recovery and compensation is why our attorneys are widely recognized throughout the industry and have earned numerous awards and recognition. In 2020, eight of our attorneys were selected to either the Super Lawyers® or Rising Stars lists, which name only a small percentage of all practicing legal professionals nationwide. Three of our attorneys were named in The Best Lawyers in America©, presented by Best Lawyers®. Attorney Wagner was named 2006 Trial Lawyer of the Year by the Indiana Trial Lawyers Association, and a Distinguished Fellow by the Indianapolis Bar Foundation in 2014.
Attorney Reese received the Leadership in Law Distinguished Barrister Award, publicly recognizing him among Indiana’s best attorneys. Alongside other lawyers at our firm, Attorney Reese has been honored by the National Trial Lawyers, an exclusive, invitation-only organization comprising the nation’s premier legal professionals. Our formal honors and accolades are only the tip of the iceberg. If you want to be awarded every single penny of financial compensation you deserve after a car accident, we’re the trusted legal team to get it for you.
Calculating Pain and Suffering After a Car Accident in Indiana
Calculating pain and suffering involves a complex evaluation that encompasses various factors. In car accident cases, pain and suffering refer to the physical and emotional distress experienced by the injured party due to the accident. Unlike economic damages like medical bills or lost wages, pain and suffering are subjective and challenging to quantify.
Understanding Pain and Suffering
Pain and suffering include the following elements:
Physical Pain: This encompasses the physical discomfort, agony, and limitations experienced due to injuries sustained in the accident. It involves pain from the time of the accident to the present and includes any ongoing suffering or discomfort.
Emotional Distress: This includes mental anguish, anxiety, depression, fear, and other psychological effects resulting from the accident. It covers emotional trauma, stress, and any impact on the injured person’s quality of life.
Factors Affecting Calculation
Severity of Injuries: The extent and severity of injuries play a significant role in determining the value of pain and suffering. Severe injuries causing long-term disabilities or chronic pain typically lead to higher compensation.
Medical Treatment: The type and duration of medical treatment required due to the injuries are considered. This includes surgeries, hospitalizations, therapy, medication, and ongoing care. The intensity and frequency of medical care often correlate with the level of pain and suffering.
Impact on Daily Life: How the injuries affect the injured person’s daily life, including their ability to work, perform daily tasks, pursue hobbies, or enjoy social activities, is crucial. Factors like loss of enjoyment of life or loss of consortium for family members might also be considered.
Duration of Recovery: The length of time it takes for the injured person to recover and return to their pre-accident condition is a key factor. Prolonged recovery periods or permanent disabilities can significantly impact the calculation.
Three Methods of Calculating Pain and Suffering
Navigating the complexities of calculating pain and suffering after a car accident in Indiana can be challenging. This isn’t something to attempt on your own. Consulting an experienced personal injury attorney is necessary. An attorney from Wagner Reese will be able to evaluate the specifics of the case, consider Indiana’s laws and precedents, assess the impact of the injuries, and advocate for fair compensation for pain and suffering. We will do so using one of the following methods:
Multiplier Method
One common approach is to use a multiplier based on economic damages. This includes items like medical bills and lost wages from missing work. The multiplier, typically between 1.5 and 5, is chosen based on the severity of injuries and circumstances. For instance, if economic damages amount to $50,000 and a multiplier of 2 is applied, pain and suffering could be valued at $100,000.
Per Diem Method
Another method involves assigning a daily rate for the injured person’s pain and suffering and multiplying it by the number of days they experienced these hardships. For instance, if the daily rate is determined to be $100 and the injured person suffered for 200 days, the value would be $20,000.
Expert Opinion
In complex cases, we may decide to bring in expert witnesses, such as medical professionals or psychologists, to provide testimony to quantify the impact of injuries on pain and suffering. Their professional opinions can influence the valuation of non-economic damages.
Contact Wagner and Reese After a Car Accident
Our Indiana car accident lawyers have garnered widespread acclaim, amassing numerous accolades and commendations from esteemed institutions for our legal advocacy. Eight of our attorneys secured coveted spots on either the Super Lawyers® or Rising Stars lists in 2020, an accolade that highlights a mere fraction of legal practitioners on a national scale. Among the select few acknowledged as Indiana’s Top 25 Super Lawyers® and Best Lawyers® honorees, our founding partners, Attorneys Stephen Wagner and Jason Reese, shine as exemplars of excellence.
Quantifying pain and suffering in a car accident in Indiana involves a subjective assessment of the physical and emotional hardships endured by the injured party. Considering the severity of injuries, medical treatment, impact on daily life, and specific circumstances is crucial. Various calculation methods exist, but each case is unique, and seeking legal guidance to understand Indiana’s laws and navigate the claims process is essential to ensure fair compensation for pain and suffering. Call us at 866-828-0308 and we will be able to provide you with more detailed answers regarding your particular case.
