A serious car accident affects more than just your physical health—it also leads to intense pain, emotional distress, and lasting mental anguish. Coping with these challenges can feel overwhelming, especially when they lead to additional financial burdens, like therapy expenses or lost wages from missed work.
Insurance companies often downplay these non-economic damages, offering low settlements in hopes you’ll accept without questioning. Consulting an attorney can help ensure that your pain and suffering is accurately valued, so you receive fair compensation that reflects the true impact on your life.
At Ellis Law, we have extensive experience negotiating with insurance companies. We help you understand what qualifies as pain and suffering and how insurance companies calculate compensation for these damages in North Carolina.
What Are Pain and Suffering Damages?
You may have heard the term “pain and suffering” in popular media, but in personal injury law, it has a specific meaning. Pain and suffering refer to the mental anguish, emotional distress, and other psychological effects that result from a serious accident. These are non-economic damages, intended to compensate you for the overall experience, beyond just financial expenses.
Economic damages, on the other hand, cover identifiable costs like medical bills and lost income. In North Carolina, you may be eligible for both economic and non-economic compensation following a car accident.
Different Types of Pain and Suffering Compensation
Common types of compensable pain and suffering damages include:
- Physical pain
- Discomfort
- Distress
- Anger and frustration
- Disfigurement
- Scarring
- Loss of enjoyment of life
- Loss of consortium
- Mental and emotional trauma
- Post-traumatic stress disorder
- Grief over the death of a loved one
- Anxiety and panic attacks
- Depression or suicidal thoughts
- Vehophobia (fear of driving)
Calculating pain and suffering compensation can be complicated. Juries and judges do so by considering many factors. This can include the level of mental distress you faced, impacts on your daily life, the severity of your physical injuries, and much more.
In most personal injury cases, North Carolina law thankfully does not set a cap on the amount of non-economic damages. This means the jury is free to award the amount it feels is appropriate based on the evidence. Certain exceptions apply, such as in medical malpractice cases. Your attorney can help you understand how pain and suffering damages will apply in your unique case.
How North Carolina Insurance Companies Calculate Pain and Suffering Damages
Insurance companies use different methods in trying to determine the appropriate amount of pain and suffering damages in your case. They typically use one of two methods:
The Multiplier Method
This method multiplies your total number of economic damages by a particular multiplier, which is based on the severity of your injuries. The multiplier number usually ranges between 1.5 and 5 times your economic damages. More serious injuries will typically result in a higher multiplier.
The Per Diem Method
This method is used primarily in cases where the injured victim will make a full recovery. A full recovery may take some time, but this method is useful if that has occurred or will do so in the foreseeable future. This system sets a specific amount to the total number of days the victim suffered from their injury.
This method will also consider the severity of the injuries, but also include the number of days the victim suffered from them.
Seek Compensation for Your Pain & Suffering After a NC Car Accident
A car accident may lead to agonizing and painful injuries. This and the psychological trauma you suffered may be compensable in a personal injury lawsuit or through another driver’s insurance policy.
Our team at Ellis Law stands ready to analyze your case and pursue the compensation you deserve. Contact us today for a free consultation of your case.
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