Table of Contents
In the aftermath of a car accident, victims often experience pain and suffering, which can extend beyond physical injuries. If you find yourself in such a situation in Mississippi, it’s essential to understand how pain and suffering damages are calculated in car accident cases and how much compensation you can get.
In this post, we’ll delve into the intricacies of calculating pain and suffering, shedding light on the methods used, average settlements, limitations, and the evidence required for a successful claim.
What Is Pain and Suffering?
Pain and suffering encompass the physical and emotional distress an accident victim endures due to their experience.
It goes beyond medical bills and property damage, reflecting such factors as:
- Physical pain: The agony and discomfort caused by injuries sustained in the accident.
- Emotional distress: The psychological trauma, anxiety, depression, and post-traumatic stress disorder (PTSD) arising from the accident.
- Loss of enjoyment of life: The inability to derive pleasure from activities and hobbies you once enjoyed.
- Impact on relationships: Strain on personal relationships due to accident-related changes in behavior or mood.
As you can see, pain and suffering can negatively affect almost every aspect of an injury victim’s life.
How Are Pain and Suffering Damages Calculated?
There are two primary methods used to calculate pain and suffering damages in Mississippi car accident cases: the multiplier method and the per diem method.
The Multiplier Method
The multiplier method is a common approach insurance companies and attorneys use to estimate pain and suffering damages. It involves multiplying the total economic damages (such as medical expenses and lost income) by a specific multiplier. The multiplier typically ranges from 1.5 to 5, but it can be higher in extreme cases.
The multiplier is chosen based on various factors, including the severity of the victim’s injuries, the impact on their daily life, and the degree of emotional distress they’ve experienced.
More severe injuries and greater suffering generally result in higher multipliers. For example, if you have substantial injuries and severe emotional distress, your multiplier might be closer to 4 or 5, while less severe cases might use a multiplier of 2 or 3.
The total economic damages are added to the product of the multiplier and serve as a rough estimate of the total compensation, including pain and suffering.
In practice, the multiplier method operates as follows:
- Total economic damages: $50,000 (medical expenses) + $20,000 (lost wages) + $15,000 (other costs) = $85,000.
- Pain and suffering calculation: $85,000 (total damages) x 3 (example multiplier) = $255,000.
The multiplier method is the most common approach personal injury attorneys take when evaluating their client’s pain and suffering damages.
The Per Diem Method
For this approach, a daily rate is established to quantify the amount a person should receive for each day they’ve endured pain and suffering as a result of the accident. The total number of days is estimated and multiplied by the daily rate to determine the victim’s pain and suffering damages.
The per diem method can be illustrated as follows:
- Total duration of pain and suffering: 7 days per week x 13 weeks = 91 days.
- Daily rate: $150 per day.
- Pain and suffering calculation: 91 days of pain x $150 per day = $13,650.
As you might expect, the multiplier and per diem methods can yield considerably different figures.
What Is the Average Pain and Suffering Settlement After a Car Accident?
The average settlement for pain and suffering in car accident cases can vary widely depending on several factors, such as the severity of the resulting injuries, the impact on the victim’s life, their insurance policy limits, and the jurisdiction.
Settlements can range from a few thousand dollars for minor injuries to tens or hundreds of thousands for severe or debilitating injuries. Keep in mind that these are rough estimates — each case is unique and must be analyzed accordingly.
Limits on Pain and Suffering Damages in Mississippi
Placing a value on pain and suffering in personal injury claims is inherently challenging due to the subjective nature of the two terms.
Many states, including Mississippi, have imposed limitations on these damages to prevent potential abuse by sympathetic juries. These caps aim to strike a balance between preventing excessive awards and ensuring just compensation for those genuinely affected by severe pain or emotional distress.
Mississippi operates under a pure comparative fault system, allowing individuals to seek damages even when they’re partially responsible for the accident. However, there are specific caps on non-economic damages, including pain and suffering.
For general personal injury cases, non-economic damages are limited to $1,000,000 (per MS Code § 11-1-60), preventing excessive awards while providing some compensation for legitimate suffering.
The cap is lower for medical malpractice cases at $500,000 (MS Code § 11-1-60), recognizing the complexities of such cases while acknowledging the importance of compensating victims for the non-economic harm they’ve endured.
Evidence Needed to Prove Pain and Suffering
Being able to convincingly demonstrate pain and suffering is crucial if you hope to seek compensation beyond economic damages. To do so, you’ll need to present compelling evidence that supports your claim. Here’s a breakdown of the essential evidence required.
Medical Records
Detailed medical documentation is fundamental. This includes records of your injuries, treatments, surgeries, prescriptions, and any diagnostic tests performed. Together, this documentation establishes a clear link between the accident and your physical suffering.
Photographic and Videographic Evidence
Photographs or videos of your injuries immediately after the accident and during recovery can offer powerful visual proof. They underscore the authenticity, severity, and progression of your physical condition.
Medical Expert Opinions
Testimony from medical professionals can reinforce your claim. These experts can explain the nature and extent of your injuries, their impact on your daily life, and the prognosis for your future health.
Psychological Evaluations
If you’re experiencing emotional distress, anxiety, depression, or PTSD due to the accident, evaluations from mental health experts can serve as crucial evidence of the emotional aspects of your suffering.
Prescription and Medication Records
Documentation of any prescribed medications or therapies for pain management or mental health treatment can substantiate the acuteness of your discomfort and emotional distress.
Witness Statements
Statements from eyewitnesses or those who have observed changes in your behavior or mood following the accident can further support your claim.
Personal Journal or Diary
Maintaining a journal that details your daily struggles, pain levels, and emotional experiences can provide a persuasive narrative of your pain and suffering.
Testimony from Friends and Family
Loved ones who have witnessed firsthand your suffering and the impact the accident has had on your life can also offer valuable testimony.
Employment Records
Documentation of how the accident has affected your ability to work, including sick leave, reduced hours, or job loss, can illustrate the economic impact of your suffering.
Activities of Daily Living (ADL) Logs
Recording difficulties performing everyday tasks such as dressing, bathing, or cooking due to your injuries can supplement your claim with additional detail.
Expert Witnesses
Vocational rehabilitation experts or life care planners can provide assessments of the long-term impact of your injuries on your quality of life and ability to work.
Past Medical Records
Records of any pre-existing conditions or previous injuries can help verify that your current pain and suffering are a direct result of the accident in question, not pre-existing issues.
When to File a Pain and Suffering Claim After a Car Accident
Mississippi has a statute of limitations for filing personal injury lawsuits, including those related to pain and suffering. Injury victims typically have three years from the date of the accident to file their lawsuits. It’s wise to consult with an attorney promptly to ensure that your injury claim is filed within the required timeframe.
Contact the Wrongful Death Attorneys at Brown Bass & Jeter Today
Submit for a Free Case Review!
Reach out and contact our Jackson, MS personal injury attorney today for a free case evaluation.
A Qualified Attorney Can Help Prove Pain and Suffering
Calculating pain and suffering damages in car accident cases is a complex process involving many details, factors, and legal considerations. To maximize your chances of receiving the compensation you need, it’s essential to seek experienced legal guidance.
If you or a loved one have been injured in a car accident in Mississippi, don’t hesitate to contact Brown, Bass & Jeter. Our dedicated team of attorneys is here to help sort out the complexities of your case and make sure your rights are protected. Your road to recovery begins with trustworthy legal assistance.
co‑founder
Katrina Brown is a highly sought-after trial attorney, known for her courageous spirit and genuine desire to seek justi[...]
