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  • Writer's pictureRobert Schuerger II

How to Calculate Pain and Suffering: Car Accident in Indiana and Non-economic Damages

Accident claims in Indiana go beyond compensating the injured victim for the medical expenses they incur following their car accident.


Under the law, the affected parties may also be able to pursue pain and suffering damages, which is often the largest component in a personal injury case.


Calculating pain and suffering damages can be challenging. Fortunately, Schuerger Shunnarah Trial Attorneys have the experience and knowledge to determine the total losses incurred following a car accident.


Injured victims in Indianapolis, Indiana, should reach out to the legal team at Schuerger Shunnarah Trial Attorneys to discuss their case and learn more about their legal options.


What Are the Common Types of Damages Available to the Injured Victims in Indiana?

What Are the Common Types of Damages Available to the Injured Victims in Indiana?


When it comes to pursuing a personal injury claim against the negligent party's insurance company, an injured victim may be able to recover two types of compensatory damages in Indiana following their car accident, and these include the following:


Economic Damages

A car crash could leave an injured victim with out-of-pocket expenses like medical bills, lost wages, and property damage.


These are often referred to as economic or special damages and compensate the injured victim for the financial losses they incur following their auto accident.


Non-economic Damages

A car accident could have far greater repercussions than physical injuries. It could cause non-monetary losses, such as mental anguish, emotional trauma, and pain and suffering damages.


These are often referred to as non-economic damages and are subjective, meaning it is more challenging to calculate these types of losses than economic damages.


What Is Pain and Suffering Damages?


Pain and suffering is a legal term given to the physical discomfort and emotional distress arising from an injury caused by another's negligence. It is a physical or mental condition that can adversely affect an individual's way of living, preventing them from carrying out their daily life in a normal manner.


Fear, depression, insomnia, reduced quality of life, physical pain, and grief are some examples of pain and suffering damages. These may vary from one personal injury case to another.


Most injured victims without legal representation often lose non-monetary damages on the table, as they do not know how to properly evaluate pain and suffering when filing a claim or lawsuit against the negligent party's insurance company.


It's crucial for the affected party in Indiana to reach out to an experienced personal injury attorney to help assess and calculate pain and suffering damages to ensure maximum compensation.


Proving Pain and Suffering Damages after a Car Accident in Indiana


Since pain and suffering damages are subjective non-monetary losses, it can be difficult to prove these types of damages with photographs or videos.


It's essential for the injured victim to create a compelling story to help the insurance company or the jury/judge understand how the injuries continue to impact their life.


Some of the evidence that can help portray the impact of the injuries on the victim's life includes testimonies from family and friends, the affected party's personal diary or journal where they record their pain and suffering, and physical therapy and psychiatrist treatment records.


An experienced auto accident lawyer in Indianapolis can bring on medical experts (counselors and therapists) to testify about the victim's physical and mental state and how it continues to affect their daily routine.


How to Calculate Pain and Suffering after a Car Accident in Indiana?


There are two ways to calculate pain and suffering damages after a car accident in Indiana, and these include the following:


The Multiplier Method

One of the most common methods insurance companies and attorneys use for pain and suffering calculations is the multiplier method.


The multiplier method works by assigning a number between one and five, depending on the severity of the injuries sustained following an accident.


After determining the multiplier, the insurance company or the attorney will multiply it with the actual economic damages incurred.


Here is an example to help determine pain and suffering damages in a personal injury case:


Jack suffers serious injuries in a car accident after Ben runs a red light. He experiences severe pain and discomfort, and due to his permanent disabilities, he cannot carry out his daily routines.


The economic damages, including medical expenses, lost wages, and property damage, amount to $1,000,000, prompting Jack to hire an experienced personal injury attorney for legal assistance.


After the attorney determines that Jack's injuries are severe and significantly impact his daily life., he assigns a multiplier of five. The attorney filed a personal injury claim against Ben's insurance company requesting $6,000,000 in compensatory damages ($1,000,000 in economic losses and $5,000,000 in non-economic damages).


In the above example, since Jack experienced serious injuries, his attorney assigns five as the multiplier. The lawyer then multiplies five by the amount of economic losses incurred to derive the total value of the non-economic damages resulting from the devastating car accident.


The Per Diem Method


In the per diem method, the insurance company or the attorney assigns a daily rate to the victim's pain and suffering damages and multiplies it by the number of days to reach maximum medical improvement (MMI).


If the injured victim can justify $200 per day, for example, and it takes them one year to reach MMI, the total value of the pain and suffering damages they must request is approximately $73,000 ($200 x 365).


Are the Pain and Suffering Damages Calculated Through an Online Pain and Suffering Calculator Accurate?

Are the Pain and Suffering Damages Calculated Through an Online Pain and Suffering Calculator Accurate?


Although an online pain and suffering calculator is a convenient way of determining the total non-economic damages incurred following a car accident, it's inaccurate.


Pain and suffering damages vary from one injured victim to another, which is why an online calculator may not be able to assess the total amount of damages properly. It's best for the affected party to reach out to a skilled Indiana personal injury attorney.


The personal injury attorneys at Schuerger Shunnarah Trial Attorneys have extensive experience in calculating pain and suffering and building a strong personal injury case that conveys the victim's story in a compelling way. They can answer questions such as Is Indiana a no fault state for car accidents?


They can help car accident victims by working with experienced medical professionals to testify about their mental state and the struggles they're going through following their injuries.


Schuerger Shunnarah Trial Attorneys Can Accurately Assess the Pain and Suffering Damages!


Those who have suffered injuries due to another's negligence should call for a free consultation with Schuerger Shunnarah Trial Attorneys. They can help assess and calculate the value of the pain and suffering damages to ensure maximum compensation for the victim's losses.

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