Can I Get Compensation for Pain and Suffering After a Car Accident?

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If you have been involved in a an SUV or car accident in the Tampa Bay area call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353.
Woman rubbing her neck after a car accident

Yes, you can get compensation for pain and suffer on top of the medical bills (past, present, and future), lost wages (past, present, and future), loss of consortium, emotional distress, mental anguish and any other item we can calculate a person endures after being injured by the negligence of the at-fault party.

‘Pain and suffering’ is a general term used for non-economic ‘general’ damages that cannot be calculated by looking at what has been paid, owed, or maybe owed in the future.

What Causes Pain and Suffering After a Car Accident?

After an auto accident, Pain and suffering may be caused by:

  • Physical pain and discomfort (temporary or permanent)
  • Disc pain
  • Muscle pain
  • Tension or stress
  • Depression, anxiety, memory loss, insomnia, or other emotional disorders
  • Physical limitations, including the inability to play with your children or hug them
  • Loss of consortium (supportive relationship) with your family members
  • Any other emotional or psychological trauma

Am I Always Eligible for Pain and Suffering Compensation?

  • Workers’ Compensation Claims
  • No-fault Insurance Claims when there is not a permanent injury after the car accident
  • Small Claims Court Lawsuits

How Do You Calculate Pain and Suffering After a Car Accident?

There are two basic methods for calculating pain and suffering compensation are the Per Diem method and the Multiple methods.

Per Diem Method

Per Diem is a Latin term for ‘by the day.’ The per diem method of calculating pain and suffering assigns a dollar value for one day (often the amount of the person’s daily wages) then multiplies it by the number of days the injured person was affected by the injury.

The per diem method is rarely used for insurance settlements.

Example: Per Diem Calculation

Henry suffered a concussion after a car accident. The at-fault insurance company accepted full liability for the accident.

Henry had to endure headaches and a ‘fuzzy-headed’ feeling for nearly six weeks. Until his concussion symptoms cleared, he could not tolerate lights, reading, watching television, or even being outside in sunny weather.

When Henry recovered from his injuries, his demand for compensation included $5,040 for pain and suffering, calculated as $120 per day for the 42 days (six weeks) he dealt with head pain and loss of enjoyment of his life.

Henry used his average daily wage as the per diem value for his calculations.

Multiple Method

The Multiple Method is the more commonly used way to calculate pain and suffering for insurance settlements. This calculation is made by totaling the injured person’s economic damages and applying a multiple from one to five.

Economic damages are your hard costs for medical bills, lost wages, and related out-of-pocket expenses. Insurance adjusters called these special damages, or ‘specials.’ You will have bills and receipts to support the dollar amounts figured into your economic damages.

The tricky part of using the multiple methods to calculate your pain and suffering is figuring out which number to use as a multiplier. Insurance companies usually allege that medical providers overcharge for services. This is not usually true.

Why Do Insurance Companies Not Take Into Account the Full Value of Pain and Suffering?

Most insurance adjusters will accept provable damages like medical bills, but will often challenge the amount sought for pain and suffering.

Adjusters will always refuse high pain and suffering demands when an injury claim involves:

  • Soft tissue injuries: Sprains, strains, and whiplash injuries are difficult to verify on an X-ray or CT scan, so adjusters are always skeptical of your pain and suffering claim.
  • Low-impact collisions: Adjusters will argue that you could not have suffered much of an injury in a minor fender-bender.
  • Prior injuries: The adjuster will use prior injuries to argue that your pain and suffering were not all caused by the current accident.
  • Low or no medical bills: Without physical injuries, you won’t get far with claims for pain and suffering.
  • Shared liability: Your overall settlement, including pain and suffering, can be reduced if the adjuster believes you share some of the blame for your injuries

What Factors Increase Compensation in a Personal Injury Claim?

Injuries that resulted in a long and difficult recovery or that have a significant impact on the victim will always be worth a higher pain and suffering value. Quite simply, the longer it takes for you to recover, the more severe that injury is. For example:

  • Accidents with fatalities
  • Traumatic brain injuries
  • Extensive burns
  • Amputations
  • Disfigurement, especially to the face
  • Spinal cord injuries

Severe personal injury claims should always be handled by an experienced personal injury attorney. It’s the only way to get an appropriate amount of compensation for you and your family.

How Do You Prove Pain and Suffering?

Pain and suffering is a different experience for each individual, so think about how your injuries affected your lifestyle and emotional well-being.

Also, think about how long the injury will interfere with your life:

  • Current pain and suffering are what you endure from the time of the injury through the completion of medical treatment and therapy. It ends at some point. Its duration can be measured.
  • Current and future pain and suffering are what you endure from the time of the injury, through the course of medical treatment, and into the indefinite future. Its duration is unknown and open-ended.

If you’re completely healed and don’t expect any problems in the future, you cannot ask for pain and suffering. Usually, however, you can reasonably ask for one or two times the amount of your specials for pain and suffering. When you are facing ongoing effects of your injuries, you are justified in pursuing a larger amount for pain and suffering.

You don’t have to settle for less. If you were severely injured or not comfortable dealing with the insurance company, talk to a personal injury attorney about the value of your claim. Most reputable injury lawyers don’t charge for the initial consultation, neither do we. If you have been injured in a Tampa car accident, call Tampa Injury Attorney Martin Hernandez at 813-229-5353.

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Dominique mason
Dominique mason
16:18 29 May 20
I had nothing but good experiences with Martin. He goes to great lengths to get the job done and makes sure you are... aware of all of your responsibilities. He will talk to you one on one and keep you up to speed. I am sincerely grateful and appreciative of his hard work and effort in my case.read more
Dustin Walker
Dustin Walker
12:56 26 May 20
Martin handled my case well. He was on top of everything and it seemed like my case went smoothly. I actually enjoyed... meeting with the doctor he referred me to. I wouldn't hesitate to refer Mr. Hernandez to anyone that needed legal help.read more
Jesse Jimenez
Jesse Jimenez
15:05 15 May 20
Martin and his team got me paid very fast. I got into an accident and 30 days later they got me more money for my car... and all the money there was and all within 30 days. These are the best injury lawyers in Tampa. Hire them and don't go anywhere else.read more
albert mckinzi
albert mckinzi
13:16 13 May 20
I am very thankful for the wonderful job that Martin and his awesome office staff did to settle a case for my grandma.... As people age, they do have trouble understanding legal matters and terminology & can get bewildered at times. They were very patient and explained everything in a way that could easily be understood. In this fast-paced world finding someone to have patience with older people shows true care for a client and their level of integrity, which means the world to us! I highly recommend them to anyone in need of his services. Our only disappointment was not knowing about him sooner. Thank you so much.read more
Luis Atencio
Luis Atencio
00:55 07 May 20
The right attorney for the right legal assistance! Definitely five stars for the great legal assistance of the... attorney Hernandez and his staff. Very knowledgeable and lavish with his time, I feel very satisfied with his assistance as well with the help of his assistant Sofia, which led to a satisfactory results on my case.read more
Valerie Anderson
Valerie Anderson
18:17 28 Apr 20
First I want to say Thank you Mr Hernandez for your service in our community. I truly recommend Martin for your legal... needs. My Mom had a case pending when she passed.not re Not related to the accident but Martin went over and beyond to make sure me and my brothers was compensated. Keep up the good work Mr Hernandez we ruly appreciate you.read more
Jinnifer Stanley
Jinnifer Stanley
15:39 07 Apr 20
I was in a car accident and like some people weren’t sure how to handle it. I called a few lawyers but Mr. Hernandez... was the one who appeared to be more interested, not only as a lawyer but also as a human being. He made the process very smooth. He was a very great man and a lawyer. I am very thankful to him. I would recommend him to anyone.read more
Daniel Fernandez
Daniel Fernandez
21:18 05 Mar 20
Martin Hernandez is highly regarded lawyer and a 5 star attorney. He and his staff are on top of their game. We... highly recommend this law firm and will tell you that you will not regret hiring this law firm.read more
Liliana Alvarez
Liliana Alvarez
19:33 02 Mar 20
Martin Hernandez and Daniel Hernandez are the best lawyers ever. They helped us a lot and we got great results. Thank... you!read more
Benjamin Blevins
Benjamin Blevins
17:19 21 Feb 20
This is the best auto accident lawyer in Tampa. I was involved in a car accident and did not know what to do, who to... call, who to see, find a doctor that could help me, or even what to say. I called Martin Hernandez and he sat down with me and explained everything from beginning to end. He quickly resolved me my case and got me the most amount of money possible. When people ask me who is the best lawyer in Tampa? I always Martin Hernandez is the best auto accident attorney in Tampa..read more
dylan harper
dylan harper
17:09 20 Feb 20
Martin was able to explain my case to me very well. I got good advice on what my particular options were and an honest... assessment of what I should expect going forward. When the world is falling around you its best to ask the smartest, hardest working person you can find what to do, and then do it.read more
Carmina Wilson
Carmina Wilson
16:39 19 Feb 20
I had an absolutely amazing experience with Martin’s firm. I had incurred personal injuries as a result of a bad auto... accident. His team not only treated me with respect, but they also made me feel like I was their only client. They handled my case with an astounding amount of expertise. Martin and his team is a lifesaver.read more
Katie Gulledge
Katie Gulledge
16:43 12 Feb 20
Mr. Hernandez represented me for my car accident in March 2019 and he was able to get my maximum settlement in less... than a year! He genuinely cares and has a great team of assistants that were able to answer any of my questions through the past few months.read more
cedrick wilson
cedrick wilson
15:17 05 Feb 20
I was in an accident lately and he was suggested by a friend. He met with me in person and was very punctual. He was... very calm and determined throughout my entire situation. Overall, I was extremely satisfied and impressed with Martin in reaching very positive results. I would recommend him and his office to anyone for solid advice and bottom-line results. Thank you again!read more
Tamika Jones
Tamika Jones
22:29 06 Jan 20
My experience with Martin Hernandez has been stressful not on his part. Martin has been very patient with me when I... wanted to pull every strand of hair from my head. From day one he took time to explain the process of how this was going to be but he would be there to hold my hand all the way and he did just that. His paralegal Angela walked with and held both my hands as well during all of this. When I couldn't get ahold of Martin she would make sure he got everyone of my messages. I would use his services again and recommend him to anyone. Thanks so much for all you have done and I'm forever grateful.read more
Russell Craig
Russell Craig
20:51 19 Dec 19
Very pleased with how the case was handled. I hope to never be in this position again as it was a stupid mistake but... with the help of Martin Hernandez I didn’t even have to appear in court on my own. I highly recommend using him and his team, you wont be disappointed.read more
Nicholas Nagowski
Nicholas Nagowski
22:34 14 Nov 19
Worked with Martin in Tampa, Florida. He executed on everything he promised. A well run organization. He called me... back very quickly whenever I reached out, if not answering right away. Definitely would recommend Martin to my friends and family. Thanks again for everything.read more
Mark Lenox
Mark Lenox
16:55 14 Nov 19
I was arrested for my 2nd DUI and I've reached out to Mr. Hernandez explaining my situation. He made me feel safe... through out the whole process. He helped me and extremely happy with the result. Martin knows clearly what are the best steps to take that's why I highly recommend him to anyone.read more
Kimberly McLendon
Kimberly McLendon
02:06 14 Nov 19
Martin Hernandez and his entire staff are extremely friendly,caring,knowledgeable, and treat you like apart of the... family. I hired Martin approximately 2 years ago. My case was a complicated one. But Martin Hernandez did an absolute amazing job. I was always kept current of what was going on with my case. Anytime I called, if Martin was unavailable his hard working staff got the answers I needed. I would recommend Martin Hernandez to everyone. He's dedicated to each case. If you're looking for a lawyer who doesn't just represent you,but welcomes you like family to his firm, Here's your answer. If I could give 50 stars I would. Thank you Martin& staff for all you did. Kimberly Mclendonread more
Chuck Hermanes
Chuck Hermanes
22:21 07 Nov 19
My medical bills had been piling up long before I decided to contact an attorney, and by that time the statute of... limitations was close to ending. My friend recommended Martin Hernandez who is very knowledgeable and who saved me in my situation. My medical bills are finally taken care of because of the work of Martin and his team. From the very beginning, I have no doubt that’s why he had so many great reviews from others. And I am 100% satisfied client who definitely recommend him to anyone.read more
Kymii Plur
Kymii Plur
14:49 01 Nov 19
Martin is the absolute sweetest most understanding lawyer I have ever met. He is very knowledgeable of every situation... and will get you the money that you are deserved. His staff is amazing I love everyone there I couldn't speak more highly of all of them. I would recommend Martin and his staff to my family and anyone who is in need of an attorney don't waste your time with others go see Martin he will take care of you !read more
Gabbie Bell
Gabbie Bell
09:32 26 Oct 19
Martin is very professional, marvelous , and meet all expectations far as handling my family law case.I strongly... suggest him to anyone who is in need of the best lawyer in Florida. Finest lawyer I've ever meet and i thank him for winning my case . He'll be hired by me anytime needed.read more
Johanna Gonzalez
Johanna Gonzalez
21:17 24 Oct 19
Great service. They took my case and guided me throughout the entire process with care and kindness. Thank you!
Parker Darlan
Parker Darlan
17:27 21 Oct 19
Martin and his office were very quick to respond to our inquiry and very professional. Extremely helpful and willing to... listen to the issue and address it in a timely manner. I would certainly use him in the future.read more
Stetson Madison
Stetson Madison
21:02 27 Sep 19
He has been very helpful as my attorney and made himself available whenever I needed. There has been multiple times I... wanted to just take a deal to get it over with but he has continued to work for me to get me in the best situation possible. He is very easy to work with and passionate about helping. He is not just a great lawyer but also a great human being!read more
Louie Serg
Louie Serg
15:51 13 Sep 19
My needs were met and the firm was invested in my case and me as a person. They were easily accessible, return phone... calls and emails promptly. Aggressive, when it was require and got the job done. Martin and his staff all produced the quality of an attorney and firm that anyone would want to hire.read more
Ted Esposito
Ted Esposito
16:49 07 Sep 19
I was involved in a car accident and the first person I called was Martin. He was very understanding and made it very... easy to get the insurance claims process underway. After a year of physical therapy, my case was settled and closed. Thank you so very much!read more
Arica Schmied
Arica Schmied
18:04 20 Aug 19
Amazing attorney!! Martin Hernandez and his firm are the best you'll find. I have known Martin for years and he has... helped my sister and friends in their car accident cases. I can't say enough good things. He is very knowledgeable, kind, and will treat you like family!read more
Noah Chase
Noah Chase
08:48 19 Aug 19
Mr. Hernandez is clearly very experienced - based on my interactions with him. I look for an attorney based on... integrity and experience. I found the integrity that I was looking for with Mr. Hernandez. I would recommend his services to anyone.read more
Fabian Prentice
Fabian Prentice
18:49 13 Aug 19
Martin is an amazing attorney and was able to get all 3 charges off my record. I knew I could count on him from the... moment I retained him as my attorney. He was quick to answer any questions I had and was very reliable. My case lasted over a year and he was always keeping contact with me the whole time. I would highly recommend him if you need a criminal defense attorney.read more
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