Being in an auto accident can turn your life upside down. Beyond the medical bills and car repairs, the pain and suffering you go through can have a profound impact. But how do you put a number on something so personal? For many in Kalispell, MT, figuring this out is anything but simple.
While medical expenses and lost wages are easier to calculate, pain and suffering are more subjective. That’s why having an experienced legal team like Travis, Moore & Brann PLLP can make all the difference in getting the compensation you deserve.
What Is Pain and Suffering?
Pain and suffering refer to the physical and emotional distress caused by an accident. Physical pain can come from broken bones, surgeries, or ongoing injuries. Emotional suffering might show up as anxiety, depression, PTSD. You might just feel like you’ve lost the joy in your life because of the accident.
This isn’t just about discomfort. It’s about how the accident has changed your day-to-day life and the long-term effects it may have.
How Pain and Suffering Is Calculated in Kalispell, MT
Unlike medical expenses or property damage, there’s no receipt or invoice for pain and suffering. Instead, insurance companies and courts use various methods to determine a fair settlement. Two of the most common approaches are:
- The Multiplier Method: The multiplier method takes the total of your financial losses—like medical bills and lost wages—and multiplies it by a number between 1.5 and five. The multiplier used depends on how bad your injuries are, how much they’ve impacted your life, and how long your recovery takes. For example, if your financial damages are $20,000 and the multiplier is three, your pain and suffering could be valued at $60,000.
- The Per Diem Method: This puts a dollar amount on each day you’ve had to deal with pain and suffering, then multiplies that by how many days you’ve been affected. It works best when there’s a clear recovery timeline. For example, if each day is valued at $200 and you’re dealing with this for 150 days, that adds up to $30,000 for your pain and suffering.
These approaches are part of a broader legal strategy to quantify non-economic damages. While these methods provide a starting point, they don’t guarantee the same results in every case. Insurance companies often downplay the severity of pain and suffering to limit payouts, so having an experienced attorney advocate for you is necessary.
Factors That Influence Pain and Suffering Compensation
Every case is unique, and several factors can influence how pain and suffering are calculated. Some of the most important considerations include:
- Severity of Injuries: More severe injuries, such as permanent disabilities or significant scarring, often lead to higher pain and suffering awards.
- Impact on Daily Life: If your injuries prevent you from working, enjoying hobbies, or caring for your family, it will likely increase the compensation amount.
- Medical Evidence: Consistent documentation from healthcare providers can strengthen your claim. Keep records of every doctor visit, therapy session, and prescription.
- Testimony: Family, friends, or co-workers’ statements about how the accident has affected your life can also support your claim.
Why You Need Legal Support for Pain and Suffering Claims
If you’re wondering how pain and suffering are calculated in an auto accident, the truth is, it’s not something you should navigate alone. Insurance companies have teams of adjusters and attorneys working to minimize your claim, and without proper representation, you could end up with far less than you deserve.
At Travis, Moore & Brann PLLP, we understand the emotional and physical toll an accident can take. Our team fights to make sure your story is heard and that the full extent of your pain and suffering is accounted for. By building a compelling case with medical records, expert testimony, and a thorough understanding of Montana law, we help clients recover fair compensation for their injuries.
The Value of Expert Advocacy
The Insurance Research Council’s 2012 Auto Injury Study found that people who hire attorneys typically receive larger settlements than those who try to handle it on their own. Having a lawyer makes a big difference because they know how to deal with the insurance companies and push for fair compensation. You can check out the complete study here.
Take the Next Step
If you or someone you care about has been in an auto accident in Kalispell, MT, don’t handle it all alone. Your pain and suffering matter; you shouldn’t have to fight for the compensation you deserve. Let the Kalispell personal injury lawyers of Travis, Moore & Brann PLLP help you get the justice and fair compensation you’re owed.
Call (406) 752-7550 today or contact us online to schedule a consultation. We’re here to help you move forward confidently so you can focus on healing while we handle the rest.
