Truck accidents are among the most devastating collisions on our roads. When a large commercial truck collides with a passenger car, the physical injuries often translate into profound emotional and psychological trauma. If you or a loved one has been hurt in a Scranton trucking accident, understanding how to calculate your pain and suffering is critical to securing full compensation.
What Is “Pain and Suffering”?
Beyond medical bills, lost wages, and property damage, “pain and suffering” refers to the non-economic damages you endure after a crash. These include:
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Physical pain: The ongoing discomfort, stiffness, or disability resulting from injuries.
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Emotional distress: Anxiety, depression, or post-traumatic stress caused by the accident.
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Loss of enjoyment: Inability to participate in hobbies, family activities, or travel.
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Physical impairment: Permanent limitations that alter your daily life.
While car accident cases typically focus on visible damage, trucking accidents often involve more severe injuries—and therefore greater pain and suffering awards.
Two Common Methods of Calculation
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Multiplier Method
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Total Economic Damages: Combine your medical expenses, lost income, and out-of-pocket costs.
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Pain & Suffering Multiplier: Apply a number between 1.5 and 5 based on injury severity (minor injuries get a lower multiplier; catastrophic injuries a higher one).
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Calculation: If your total economic damages are $50,000 and your multiplier is 3, your pain and suffering value is $150,000.
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Per-Diem Method
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Daily Rate Assignment: Assign a reasonable daily dollar amount for your pain—often your average daily income.
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Days of Suffering: Multiply that amount by the number of days you’ve suffered (from the date of the crash to your final medical treatment).
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Calculation: At $200 per day for 180 days of treatment, your non-economic damages would total $36,000.
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Factors Influencing Your Award
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Severity of Injury: Fractures, spinal damage, traumatic brain injury, and amputations carry higher pain and suffering values.
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Length of Recovery: Extended hospital stays, multiple surgeries, or ongoing physical therapy increase your claim.
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Permanent Impairment: Lasting disabilities or visible scarring can justify a larger multiplier.
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Emotional Impact: Expert testimony from psychologists or counselors can document PTSD, insomnia, or anxiety.
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Liability & Evidence: Clear proof that the trucking company or driver was at fault strengthens your position.
Why Scranton Trucking Accident Victims Need an Attorney
Handling a complex trucking accident claim on your own risks leaving money on the table. Insurance adjusters often attempt to minimize non-economic payouts by:
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Pressuring you to accept a quick settlement.
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Questioning the extent of your injuries or emotional harm.
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Highlighting pre-existing conditions to reduce your award.
An experienced Pisanchyn Law Firm attorney in Scranton will:
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Document Every Loss: Gather hospital bills, wage statements, therapy records, and expert opinions.
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Determine the Right Multiplier: Advocate for a multiplier that reflects your true suffering and life changes.
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Handle Negotiations: Push back on lowball offers and present a comprehensive demand package.
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Prepare for Trial: If necessary, take your trucking accident case to court to fight for maximum compensation.
Steps to Protect Your Pain and Suffering Claim
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Seek Immediate Treatment: Even minor aches could signify serious injuries. A complete medical record is vital.
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Keep a Pain Journal: Log daily pain levels, emotional struggles, and limitations in your journal.
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Preserve Evidence: Save photos of your injuries, property damage, and any psychosocial impacts.
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Avoid Social Media: Insurers can use posts or photos to challenge your claim.
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Contact Pisanchyn Law Firm: The sooner you consult, the stronger your case.
If you’ve been injured in a Scranton car accident or trucking accident, don’t face the aftermath alone. Call Pisanchyn Law Firm today for a free consultation. We’ll explain how pain and suffering is calculated, outline your legal options, and fight for the full recovery you deserve.
