Being involved in a car accident can be a life-altering experience. Beyond the immediate physical injuries, victims often endure agonizing emotional and psychological distress.
While the costs of pain and suffering do not appear on an itemized hospital bill, they are real impacts accident victims suffer that warrant compensation. If you’ve been injured in a car accident in North Carolina, you deserve compensation for all your losses, not just the financial losses.
Contact an experienced personal injury lawyer at Younce, Vtipil, Baznik & Banks to discuss pain and suffering compensation during a free consultation.
What Is Pain and Suffering?
Pain and suffering is a legal term used to describe the physical and emotional anguish that some accident victims experience after a car crash. It’s often the most significant loss in a personal injury claim.
Here’s a deeper look into what these losses encompass:
- Physical Pain: This includes the pain you feel at the time of the accident, as well as any ongoing or chronic pain caused by your injuries. Pain from surgeries, physical therapy, or even daily discomfort while trying to perform simple tasks can all be included under physical pain and suffering.
- Emotional Pain and Distress: Beyond physical injuries, car accidents often leave victims dealing with emotional pain and psychological scars. This can include anxiety, depression, sleep disturbances, and post-traumatic stress disorder (PTSD), which causes them to relive the accident trauma. For many, the emotional impact can be as debilitating as physical injuries, affecting their ability to work, interact with loved ones, or even drive again without fear.
- Loss of Enjoyment of Life: When your injuries prevent you from enjoying activities you once loved—like hobbies, exercise, or spending time with your family, this loss is part of pain and suffering. The disruption of your daily routines and inability to participate in activities as you once did can be incredibly distressing.
- Loss of Consortium: This type of suffering refers to the impact of your injuries on your marital relationship with your spouse. This can include a loss of companionship, affection, or support, which can strain family dynamics and increase the emotional toll of the accident. North Carolina Pattern Jury Instruction 106.30, which is the instruction the judge would give to the jury if the case went to trial says that the accident victim is “entitled to fair compensation for the actual loss of the marital services, society, affection, companionship, or sexual relations with [his/her/their] spouse proximately caused by the negligence of the defendant.”
- Permanent Disfigurement or Disability: If your injuries result in lasting disfigurement or disability, the impact on your self-esteem and mental health can be profound. This type of suffering can also impact your social interactions and overall quality of life.
By working closely with medical professionals, mental health professionals, and other specialists, your lawyer can present a compelling narrative to show the insurance company that your pain and suffering should be fully compensated.
Is There an Average Pain and Suffering Settlement Amount for a Car Accident?
There is no average amount for pain and suffering settlements in car accident cases. Each case is unique. Some of the factors that are weighed are:
- The severity of your injuries
- The impact on your daily life and future
- The length of your recovery period
- The strength of the evidence supporting your claim
- The severity of the collision
Pain And Suffering Calculation Methods
Determining the monetary value of pain and suffering is one of the most challenging aspects of personal injury claims because these losses are subjective and can vary greatly from one case to another. Pattern Jury Instruction 106.08 clearly states, “There is no fixed formula for placing a value on physical pain and mental suffering. You will determine what is fair compensation by applying logic and common sense to the evidence.”
Insurance companies and lawyers negotiate to try to settle a claim, they use various methods to try to quantify pain and suffering. These methods are starting points for negotiations or court arguments. A skilled attorney can argue for higher compensation based on the unique circumstances of your case. Most of the discussion will center on your medical records and how well they document your injuries.
At trial, a judge will instruct a jury to determine fair compensation for pain and suffering by applying reason and common sense to the evidence. Typically, the calculation of economic losses such as medical bills and lost wages is much easier than trying to put a monetary value on pain and suffering.
While there’s no one-size-fits-all formula in North Carolina for calculating pain and suffering, there are a few methods commonly used:
- Multiplier Method: This involves multiplying your economic damages (medical bills, lost wages) by a number between 1.5 and 5, depending on the severity of your injuries. Prior to the mid-1990s this was the most common method, but it is not often used these days.
- Per Diem Method: This assigns a daily rate to your pain and suffering and multiplies it by the number of days you experienced pain. It can also use the number of weeks, months, or years of pain and suffering your attorney has documented. This number is then added to the compensable medical bills, lost income, and other financial losses to determine the overall settlement amount. This method has been very commonly used over the last 20 years.
Each of these methods has its strengths, and the appropriate method often depends on the specifics of your case. Other methods have been developed for unique cases.
How Long Do I Have to File a Claim for Pain and Suffering in North Carolina?
In North Carolina, the statute of limitations for personal injury claims, including those for pain and suffering from a car accident, allows an injured person three years from the date of the accident to file a lawsuit. However, there can be exceptions to this rule, and it’s always best to consult a personal injury attorney as soon as possible after an accident.
Waiting too long to file a claim can result in the loss of crucial evidence and may make it more difficult to prove the extent of your pain and suffering. Additionally, insurance companies often view delays in filing claims with suspicion, which can complicate negotiations. Juries have also been known to be suspicious of delays in filing a lawsuit.
Contact Our Experienced Car Accident Attorneys for Help
If you’re struggling with pain and suffering from a car accident in North Carolina, don’t face this challenging time alone. The experienced personal injury lawyers at Younce, Vtipil, Baznik & Banks, P.A. understand the complexities of North Carolina’s personal injury laws. We offer:
- Decades of combined experience in personal injury law
- A dedicated legal team that works one-on-one with you throughout your case
- Fluent English and Spanish-speaking staff members
- A commitment to securing maximum compensation for our clients
While you may have up to three years to file a personal injury lawsuit, you should consult with an experienced attorney as soon as possible to discuss your case and clarify your legal options. Starting the claims process early gives your attorney the time to develop a personal injury case and receive maximum compensation for your pain and suffering. Don’t let valuable time slip away. Contact Younce, Vtipil, Baznik & Banks, P.A. today at 919-661-9000 for a no-obligation consultation. Our experienced Raleigh car accident attorneys are ready to guide you through the claims process, helping to protect your rights and working to get you the compensation you deserve.
About the Author
Robert C. Younce, JR
Robert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers’ compensation law. He has tried over 100 workers’ comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers’ compensation law since 2001.
