• Want to consult about a traffic accident in the Yaizu, Yoshida, Makinohara, Fujieda, or Omaezaki area
• Want to know how compensation for pain and suffering changes based on the number of hospital visits
• Worried that fewer hospital visits may reduce compensation
• The insurance company said "the number of hospital visits is too few"
• Want to know the impact of being unable to attend hospital sufficiently due to work or household duties

Are you troubled by issues like these in Yaizu, Makinohara, Omaezaki, Fujieda, Shimada, Yoshida Town, or surrounding areas?
Yaizu Sogo Law Office offers a free initial legal consultation regarding traffic accident concerns. There is no obligation to retain our services after the initial consultation. We are also available on weekday evenings and Saturdays. Please feel free to contact us by phone or email.

Compensation for Pain and Suffering in Traffic Accidents Is Related to the Number of Hospital Visits

When a person is injured in a traffic accident, the victim may be able to claim compensation for pain and suffering related to hospitalization and outpatient visits from the at-fault party.

Compensation for pain and suffering related to hospitalization and outpatient visits refers to damages for mental distress caused by being forced to undergo treatment and hospital visits due to injuries from a traffic accident.

For example,

• Persistent pain in the neck or lower back
• Having to adjust work schedules to attend hospital
• Interference with housework or childcare
• Time and effort spent attending hospital
• Anxiety and inconvenience experienced after the accident

These circumstances are evaluated as part of the compensation for pain and suffering.

However, the amount of compensation for pain and suffering in a traffic accident is not something the victim can freely determine.

In practice, it is calculated based on the nature of the injury, the treatment period, the actual number of hospital visits, and the course of treatment.

Therefore, when considering compensation for pain and suffering in a traffic accident, "how long the treatment period was" and "how many days the patient actually visited the hospital" are important factors.

The Difference Between Treatment Period and Actual Number of Hospital Visits

When considering compensation for pain and suffering in a traffic accident, it is necessary to distinguish between the "treatment period" and the "actual number of hospital visits."

The treatment period refers to the period from the start of treatment after the accident to the end of treatment or the determination of a fixed condition (symptom plateau).

For example, if an accident occurred on April 1, hospital visits began on April 2, and treatment ended on June 30, the treatment period would be approximately 3 months.

On the other hand, the actual number of hospital visits refers to the number of days the patient actually visited a hospital or osteopathic clinic during that period.

Even with the same 3-month treatment period,

• A case where the patient actually visited the hospital 30 times
• A case where the patient only visited the hospital 5 times

the evaluation of compensation may differ.

In other words, "a longer treatment period does not necessarily mean higher compensation."

Not only the treatment period, but also the actual visit frequency is taken into account.

There Are Three Standards for Calculating Compensation

There are mainly three standards for calculating compensation for pain and suffering in traffic accidents.

• Compulsory Automobile Liability Insurance (CALI) Standard
• Voluntary Insurance Standard
• Attorney Standard / Court Standard

The CALI Standard is the minimum compensation standard under compulsory automobile liability insurance.

The Voluntary Insurance Standard is a standard used internally by insurance companies.

The Attorney Standard is the standard used by courts and is generally the highest of the three.

The compensation initially offered by the insurance company may be lower than the Attorney Standard.

Therefore, when a settlement proposal is received, it is important to verify not only the number of hospital visits but also which standard was used for the calculation.

The Actual Number of Hospital Visits Has a Significant Impact Under the CALI Standard

Under the CALI Standard, a specific calculation method is used for compensation for pain and suffering related to hospitalization and outpatient visits.

Basically, the calculation is based on whichever is fewer:

• The treatment period
• Twice the actual number of hospital visits

The compensation is calculated based on whichever of these is smaller.

Therefore, even if the treatment period is long, compensation may be lower if the actual number of hospital visits is few.

For example, even if the treatment period is 3 months, if the actual number of hospital visits is only 5, the CALI Standard emphasizes "twice the actual number of hospital visits," and compensation may be calculated at a significantly lower amount.

When the insurance company's offer is low, it may be because a calculation close to this CALI Standard was used.

The Attorney Standard Is Based Primarily on the Treatment Period

Under the Attorney Standard, compensation is calculated primarily based on the treatment period.

For example, for relatively mild neurological symptoms such as whiplash, approximately 530,000 yen for 3 months of treatment and approximately 890,000 yen for 6 months of treatment serve as rough benchmarks.

For injuries with objective findings such as fractures, a higher standard may be applied.

However, even under the Attorney Standard, compensation may be reduced if the actual number of hospital visits is extremely low.

In other words, just because the Attorney Standard is applied does not mean that the full amount is automatically awarded based solely on the treatment period.

If the number of visits is too few relative to the treatment period, there is a risk that it may be assessed as "perhaps the need for treatment was not that great" or "perhaps the symptoms were mild."

Fewer Hospital Visits May Result in Reduced Compensation

In traffic accident compensation, a low number of hospital visits can become problematic.

For example,

• Only a few visits over a 3-month period
• A gap of more than 1 month with no hospital visits
• Extremely low visit frequency despite claiming to have symptoms
• Discontinuing hospital visits based on one's own judgment without a doctor's instructions

These are examples of such cases.

In these cases, the insurance company may argue: "Perhaps the symptoms were mild," "Perhaps there was no need for treatment," or "Perhaps the connection between the traffic accident and the symptoms no longer exists."

As a result, compensation may be reduced or part of the medical expenses may be disputed.

What Is an Appropriate Frequency of Hospital Visits?

So, how frequently should one visit the hospital after a traffic accident?

This depends on the nature of the injury, the severity of the symptoms, and the doctor's treatment plan. Therefore, there is no fixed rule such as "you should visit the hospital a certain number of times per week."

What is important is to follow the doctor's instructions and continue the necessary treatment according to the symptoms. If pain or numbness persists, not visiting the hospital for an extended period because of being busy may be evaluated unfavorably later.

On the other hand, it is also not appropriate to make excessive, unnecessary hospital visits solely for the purpose of increasing compensation.

Treatment for traffic accidents should be conducted for the purpose of improving symptoms. It is important to continue appropriate hospital visits according to the symptoms while consulting with the doctor.

Are Hospital Visits to Osteopathic/Chiropractic Clinics Included in Compensation?

After a traffic accident, some people visit not only hospitals but also osteopathic or chiropractic clinics.

Visits to osteopathic or chiropractic clinics may be taken into account in calculating compensation if their necessity and reasonableness are recognized.

However, caution is required.

If a patient visits only osteopathic or chiropractic clinics and does not receive a doctor's examination for an extended period, the insurance company may dispute the necessity of treatment and the severity of symptoms.

In particular, when seeking certification for a residual disability grade, a doctor's diagnosis, examinations, medical records, and a residual disability diagnosis certificate are extremely important.

Even when visiting osteopathic or chiropractic clinics, it is recommended to receive regular examinations at medical institutions such as orthopedic surgery clinics.

Points to Note When There Are Gaps in Hospital Visits

In post-accident hospital visits, gaps in the visit record can become problematic.

For example,

• Not seeking medical attention immediately after the accident and visiting the hospital for the first time several weeks later
• Attending hospital for a while but then having a gap of more than 1 month
• Stopping hospital visits before the symptoms have been determined to be fixed

These are examples of such cases.

If there are such gaps, the insurance company may argue: "There is no causal relationship between the accident and the symptoms," "Perhaps the symptoms had already healed," or "Perhaps there was no need for treatment."

Of course, there may be reasons why the patient could not attend hospital, such as work, family circumstances, or hospital appointment availability. In such cases, it is important to be prepared to explain the reasons for not being able to attend.

However, generally speaking, if symptoms persist, it is advisable not to leave long gaps between hospital visits.

When Unable to Attend Hospital Due to Work or Household Duties

Some victims say: "I was too busy with work to visit the hospital," "I couldn't go to the hospital because I had to take care of my children," or "I had pain but endured it."

These feelings are entirely understandable. However, in traffic accident damage claims, it becomes difficult to objectively demonstrate the existence of symptoms and the necessity of treatment during periods when the patient was not attending hospital.

Even if one explains later that "the pain continued," without medical records, the insurance company may not fully accept this.

Therefore, if pain or numbness persists, it is important to visit a medical institution as regularly as possible, even when busy.

If visit frequency inevitably decreases, it is also important to inform the doctor during visits that symptoms are continuing and have this recorded in the medical records.

The Number of Hospital Visits Also Affects Residual Disability Certification

The number and frequency of hospital visits can affect not only compensation for pain and suffering but also residual disability grade certification.

For example, when seeking Grade 14, Class 9 certification for whiplash:

• Whether symptoms appeared immediately after the accident
• Whether symptoms have been consistent
• Whether hospital visits have been continuous
• Whether the course of treatment has been natural

These are important factors.

If the frequency of hospital visits is extremely low or there are long gaps between visits, questions may arise as to "whether the symptoms were severe enough to result in a residual disability."

Therefore, if symptoms are likely to remain, it is important to continue appropriate hospital visits with an eye toward a future residual disability application.

When the Insurance Company Says "The Number of Hospital Visits Is Too Few"

The insurance company may say: "Because the number of hospital visits is few, the compensation amount is this much," "Medical expenses cannot be recognized with this visit frequency," or "Residual disability certification would be difficult."

However, the insurance company's explanation is not always correct.

Even when the number of hospital visits is few,

• The doctor had determined that continued treatment was necessary
• There were limitations on hospital visits due to work or family circumstances
• Symptoms had been consistently continuing
• Home rest and medication were continued in addition to hospital visits
• The treatment period was reasonable given the nature of the injury

If such circumstances exist, there is room to dispute the insurance company's proposed amount.

However, documentation and explanation are required for this. It is recommended to consult with an attorney before settlement to organize the hospital visit history and course of treatment.

Points to Verify Before Settlement

When a settlement proposal is received from the insurance company, the following points should be verified.

• Whether the treatment period is correctly reflected
• Whether the actual number of hospital visits is correctly calculated
• Which standard was used to calculate the compensation
• Whether visits to osteopathic or chiropractic clinics have been taken into account
• Whether compensation has been unfairly reduced on the grounds of low visit frequency
• Whether a residual disability application needs to be filed

Once a settlement agreement is signed, it is generally not possible to request an increased amount afterward.

If there are concerns about the number of hospital visits or the compensation amount, it is important to verify these before settlement.

Summary

Compensation for pain and suffering in traffic accidents is closely related to the treatment period and the actual number of hospital visits.

Under the CALI Standard, the actual number of hospital visits has a significant impact, and under the Attorney Standard, while the treatment period is the primary basis, compensation may be reduced if visit frequency is extremely low.

If pain or numbness persists after a traffic accident, it is important not to discontinue hospital visits based on one's own judgment but to continue attending hospital appropriately in accordance with the doctor's instructions.

Furthermore, even if the compensation proposed by the insurance company is calculated at a low amount due to the number of hospital visits, that amount is not necessarily appropriate.

It is recommended to consult with an attorney about the hospital visit history and compensation amount before settlement.

Frequently Asked Questions

The Initial Legal Consultation for Traffic Accidents at Yaizu Sogo Law Office Is Free of Charge

Yaizu Sogo Law Office provides a free initial legal consultation regarding traffic accidents.

We handle all traffic accident-related legal matters, regardless of severity or whether they involve property damage or personal injury. If you are feeling stressed by dealings with insurance companies, or if you want to know whether the amount offered by your insurance company is fair, please do not hesitate to consult with us.

Yaizu Sogo Law Office is available not only during regular weekday hours but also on weekday evenings and Saturdays. Please contact us by phone or email to schedule a legal consultation.

Are You Troubled by a Traffic Accident?

• Settlement Offers from Insurance Companies Are Almost Always Low
• The Insurance Company Said They Would Cut Off My Medical Expenses
• Dissatisfied with the Fault Ratio
• When and How to Consult a Lawyer About a Traffic Accident
• What Claims Can Be Made in a Personal Injury Accident?
• What Claims Can Be Made in a Property Damage Accident?
• What You Need to Know About Whiplash
• Traffic Accidents and Health Insurance
• Procedures and Steps to Follow After a Traffic Accident
• Fault Proportions Between a Through-Going Vehicle and a Right-Turning Vehicle at an Intersection
• Diminished Value (Loss of Market Value)
• Amount Claimable from the Other Party When Personal Injury Protection Insurance Was Used Prior to the Claim for Damages Against the Other Party
• Free legal consultation is available for traffic accidents
• Filing a Victim's Claim with Compulsory Automobile Liability Insurance (CALI)
• Lost Wages for Salaried Employees (Wage Earners) in Traffic Accidents
• Understanding a Company's Losses When Employees Are Killed or Injured in a Traffic Accident
• Finding the Court with Jurisdiction over Traffic Accident Lawsuits
• Want to Know Whether You Can Offset the Other Party's Damages Against Your Own in the Same Traffic Accident
• The at-fault party refuses to use their voluntary automobile insurance. What should I do?
• I was seriously injured in a traffic accident in June 2017, before the enforcement of the amended Civil Code (April 1, 2020). Three years have passed (but less than five years) since I completed my treatment. Is the statute of limitations still valid?
• How to Identify a Hit-and-Run Driver from a Vehicle License Plate Number
• Methods of Dispute Resolution in Traffic Accidents
• What You Need to Know About Medical Commuting Transportation Expenses
• How to Find the Insurance Company of the At-Fault Driver in a Traffic Accident
• Understanding Workers' Compensation Insurance in Traffic Accidents (Leave Compensation)
• How Much Is the Standard Compensation for a Traffic Accident?
• What Is Residual Disability Grade Certification in Traffic Accidents?
• How Much Compensation Can You Get for Whiplash from a Traffic Accident?
• Benefits of Hiring a Lawyer for Traffic Accidents
• Key Points When Dealing with Insurance Companies After a Traffic Accident
• How to Calculate Lost Income from a Traffic Accident
• The Relationship Between Number of Hospital Visits and Compensation for Pain and Suffering in Traffic Accidents (Key Considerations When Visit Frequency Is Low)
• What Is Maximum Medical Improvement (MMI) After a Traffic Accident?
• How to Use Lawyer Fee Special Coverage for Traffic Accidents?
• How to Handle a Traffic Accident When the At-Fault Driver Has No Insurance
• Damages in Bicycle Accidents
• Claiming Compensation When a Passenger Is Injured in a Traffic Accident
• Do You Have to Pay a Traffic Fine for a Burned-Out Brake Light?
• "I Said I Would Pay the Full Repair Cost" in a Bicycle Accident
• If Repair Costs Exceed Your Car's Market Value After a Traffic Accident, Can You Still Recover the Full Amount?
• Can a Car Proceed if a Pedestrian Yields at a Crosswalk?
• What Are "Replacement Incidental Costs" When a Vehicle Is Totaled in a Traffic Accident?
• What Damages Can Be Claimed When a Family Member Dies in a Traffic Accident?

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