How Pain and Suffering Is Calculated After a Car Accident in Idaho

Pain and suffering is a non-economic damage. It is a subjective loss based on the individual, and as such, there is no simple way to calculate it. However, some insurance companies and personal injury attorneys attempt to determine the value of pain and suffering through the use of formulas and computer programs.

One such method is the multiplier method. The victim’s economic damages are compiled and then multiplied by a value between 1 to 5, with 1 being minor injuries and 5 being life-long impairments.

Another system is the per-diem method. Under the per-diem method, we calculate a dollar value based on how the injury has impacted the victim’s daily life. That value is then multiplied by the projected number of days to recovery.

Each of these systems has its limitations. Even the jurisdiction your case is in may have its own method for calculating your pain and suffering after a car accident. The best advice is to contact an Idaho car accident lawyer. They have the resources, skills, and experience to compile all your damages and calculate a fair settlement value for your pain and suffering.

What Is Pain and Suffering?

Damages in car accidents are presented in two categories: economic and non-economic. Economic damages are your medical bills, lost wages, and car repairs. They typically have a direct financial value attached to them. Non-economic damages, on the other hand, do not. However, they are just as important as your financial losses.

Pain and suffering falls under the category of a non-economic damage. It represents the impact on your quality of life and can include a wide range of possible damages:

• Physical pain: The discomfort experienced immediately after the car accident or chronic pain the victim lives with
• Emotional distress: The victim may be dealing with depression, anxiety, and fear
• Mental anguish: The psychological impact of the accident could lead to stress, sleep disorders, and cognitive issues
• Loss of enjoyment of life: The inability to participate in hobbies and activities the victim once enjoyed
• Impaired self-sufficiency: The inability to care for oneself and perform daily activities and tasks
• Scarring and disfigurement: The social impairment and stigma associated with the victim’s injuries

With the aid of a personal injury lawyer in Idaho, you could find doctors and specialists to assess your condition and determine the care you need for your recovery and any long-term assistance.

Factors That Affect the Value of Your Claim

In addition to the types of damages covered under pain and suffering, there are also factors that can influence the value of your claim. Factors include such things as:

• Severity of injuries: A minor injury will have less value than a catastrophic injury, such as a traumatic brain injury (TBI)
• Duration of recovery: The time it takes your injuries to heal or if you are left with permanent impairments
• Emotional impact: How the injury impacts your lifestyle, whether it is a disfigurement or a hindrance to daily life
• Policy limits: Insurance policies have limits that could affect the value secured for your losses
• Credibility of the claimant: Particularly when seeking compensation via a trial, the perceptions of a jury could influence the value
• Evidence: The stronger the evidence, such as medical evidence, witness testimony, and expert testimony, could influence your claim’s value

A thorough investigation by your car accident attorney in Idaho can provide the information and evidence needed to address these factors.

Idaho Laws That Will Affect the Value of Your Car Accident Claim

There are laws in Idaho that will also influence your pain and suffering:

Cap on Non-Economic Damages

Under Idaho Statutes § 6-1603, the state caps non-economic damages at $250,000. However, this value is adjusted annually and is currently set at around $490,000. Additionally, punitive damages are not affected by this statute.

Your Degree of Fault in the Car Accident

Idaho follows a modified comparative negligence doctrine. Per Idaho Code 6-801, if you are less than 50% responsible for the car accident, you may still receive compensation for your injuries. However, your compensation is reduced by your percentage of fault.

Car Accidents Have a Two-Year Deadline in Idaho

The statute of limitations, per Idaho Statutes § 5-219, is two years. You must file your lawsuit before that deadline, or you surrender your right to sue, which will affect your negotiating posture with the insurance companies. Extenuating circumstances may shorten or extend that deadline. Your personal injury lawyer can review your case and explain which statute of limitations applies to your Idaho car accident case.

How Your Actions Could Influence Your Car Accident Claim

The things you do, in some cases immediately after the car accident, could have a direct effect on the value of your car accident claim. To obtain the maximum compensation possible, you can do the following things:

• See a doctor immediately: The longer you wait, the more the insurance company will doubt the severity of your injuries or if the accident was even the cause.
• Follow your doctor’s instructions: Missing appointments, skipping therapy, or any deviation from your doctor’s orders could be used against you.
• A journal of your progress: A record from the day you were injured through your recovery could demonstrate how the injuries have impacted your life.
• File of medical records: Any receipts, invoices, bills, and reports you receive can aid your attorney when establishing the value of your claim.

You should also keep any correspondence you receive from the insurance company and share it with your attorney.

Call Sargent Law Firm Injury Lawyers About Your Idaho Car Accident

The legal team with Sargent Law Firm Injury Lawyers can help you seek the fair compensation you deserve following your car accident in Idaho. We can investigate your car accident, compile your damages, and calculate your pain and suffering. Under our contingency fee agreement, our Idaho car accident lawyers can negotiate with the insurance companies on your behalf with no financial risk to you.

Call us today for a free case review.