If you have been injured in a car accident, you know that the effects of a serious collision can last long after you return home. Sadly, many accident victims never fully recover, and some face daily reminders in virtually all aspects of their lives.
In basic terms, this is what is what constitutes “pain and suffering” under Connecticut law. While your medical bills are likely to be substantial, they are also likely to represent only a fraction of your accident-related losses. Your pain and suffering will account for a significant portion of your total losses as well.
If someone else was at fault for the car accident, you need to make sure you recover just compensation for all forms of financial and non-financial harm. Ventura Law can help. Please call (203) 800-8000 today for a free consultation.
What Constitutes “Just Compensation” for Pain and Suffering in Connecticut?
How do you place a dollar value on your non-financial harm? In other words, what constitutes “just compensation” for the pain and suffering you endure as a result of someone else’s negligence?
In Connecticut, there are two primary methods for calculating pain and suffering damages in accident cases:
1. The Multiplier Method
The first method is known as the multiplier method. With this method, the first step toward calculating just compensation for your pain and suffering is to calculate the full amount you are entitled to recover for your financial losses.
In addition to your current and future medical bills, your financial losses also include your current and future prescription costs, therapy and rehabilitation costs, loss of income, and other out-of-pocket expenses. Your attorney will be as thorough as possible in making these calculations, taking into account not only the losses you have already sustained but the losses you are likely to face in the future.
Once your financial losses have been determined, a “multiplier” is applied in order to determine how much you should receive for your pain and suffering. Typically, this multiplier is between 1 and 5, and is determined based on factors such as:
- The egregiousness of the driver or other at-fault party’s conduct
- The severity of your physical injuries
- The severity of your pain and suffering
- The extent to which your pain and suffering impacts your day-to-day life
- The duration of your recovery period (or whether you will experience lifelong effects)
For example, let’s suppose you suffered a traumatic brain injury (TBI) in a drunk driving accident, and your total financial losses are $250,000. Applying a multiplier of 4 (based on the severity of your injuries and that at-fault driver’s misconduct), your compensation for pain and suffering would be calculated as $1 million.
2. The Per Diem Method
The second option is to use the per diem method. With this method, a dollar amount is applied to your daily pain and suffering, and this amount is then multiplied by the number of days that you are expected to experience pain and suffering as a result of your accident-related injuries.
So, for example, if the per diem amount is set at $200 and your doctor says that you are likely to experience pain and suffering for a year, then your damages would be calculated as $200 x 365, or $73,000.
Does Connecticut Have a Cap on Pain and Suffering Damages?
Unlike some other states, Connecticut does not place a cap on the amount that car accident victims can collect for their pain and suffering. This means that you can recover your full accident-related losses, and it also means that it is extremely important to ensure an accurate calculation of your pain and suffering damages.
Any mistakes could result in money being left on the table. If you are struggling to cope with serious accident-related injuries and the psychological effects of being seriously injured in a collision, this is not something that you can afford.
Who Decides How Much I Will Receive for My Pain and Suffering?
In most cases, car accident claims are resolved through settlement negotiations with the at-fault driver’s insurance company. It is possible to collect compensation for pain and suffering in these negotiations, but, in order to do so, you need to be able to convince the insurance company of your right to recover. If you need to go to trial, then a judge or jury will consider the evidence from both sides before determining how much you should receive for your pain and suffering.
Speak with a Connecticut Car Accident Attorney for Free
Were you seriously injured in a car accident in Connecticut? If so, we encourage you to contact Ventura Law for more information.
To find out how much you may be entitled to recover for your pain and suffering and other damages, call (203) 800-8000 or contact us online for a free consultation. Our lawyers will review your injuries and the costs you face, then discuss your options for maximum recovery.