Those hurt seriously in Connecticut car crashes typically have two primary sources of compensation available to them. They can file an insurance claim seeking reimbursement for their economic losses, including property damage expenses and injury-related costs, or they may also be able to initiate a personal injury lawsuit.
Even if the injured person is partially at fault for the crash, they can hold the driver primarily at fault accountable. If the person injured in a car crash wants to pursue justice by filing a personal injury lawsuit, they can seek what is called “non-economic” damages in addition to provable financial losses. The most frequently claimed non-economic damages are “pain and suffering.” This is a recognition that many people deserve some form of compensation for all the difficulties they experience while recovering from their injuries.
What constitutes pain and suffering?
Connecticut acknowledges multiple forms of emotional and physical pain for non-economic damages in a personal injury lawsuit. The first and most obvious is the physical suffering people experience due to their injuries. Pain from fractures, brain injuries and amputations can persist for months or sometimes even the rest of a person’s life.
People can also seek pain and suffering compensation for the emotional distress caused by their injuries. Severe injuries may lead to a variety of diagnosable mental health challenges, including anxiety, depression and post-traumatic stress disorder. They may also develop phobias or intense fears related to traveling in motor vehicles.
The third type of pain and suffering acknowledged by the state is the loss of enjoyment that comes from having severe injuries. People may no longer be able to enjoy their preferred pastimes, such as participating in triathlons or hobbies that require manual dexterity. Finally, people can make pain and suffering cases and scenarios where they develop disfiguring scars that can affect their social opportunities and self-esteem.
What is pain and suffering worth?
People who recognize that they are likely eligible for pain and suffering compensation may feel unsure of how much compensation to request. After all, their emotional and physical experiences are not easy to quantify.
There are two different methods used to calculate pain and suffering. In some cases, plaintiffs and their lawyers use a multiplier to calculate their pain and suffering. They add their total medical expenses and lost wages and then apply a multiplier of between one and a half and five to that figure to calculate their non-economic pain and suffering damages.
In cases where people calculate losses related to physical pain, they may use a per diem method. They establish a daily rate that often correlates to their usual income and multiply that by the number of days it took for them to recover from their injuries.
What is the maximum amount of damages?
Some states have implemented statutory limitations on non-economic damages. Connecticut does not have such a limit in place. Injured people can potentially request any reasonable amount that they can validate based on their experiences. Pain and suffering claims can range from tens of thousands of dollars to millions of dollars, depending on the extent of the injuries and the circumstances that caused them.
The process of developing a pain and suffering claim is complex, and aspiring plaintiffs often need help understanding the law and accurately calculating the damages they can request. Working with a personal injury attorney can help people optimize their financial recovery after a car crash causes devastating and painful injuries.
