Pursuing litigation after a car crash may be a daunting prospect on top of the stress and suffering caused by the wreck. But motorists injured because of another person’s fault deserve to be compensated for pain and suffering in a car accident. The amount of damages compensation for pain and suffering varies widely, depending on a few significant factors.
What is Pain and Suffering?
Pain and suffering is a legal term used to refer to the physical and emotional stress associated with a car accident. This kind of claim isn’t just about physical injuries, like a broken leg. Components of a pain and suffering claim, according to Cornell Law School, may include the pain associated with the broken leg, the treatment required and the discomfort caused by the injury, as well as any lifestyle limitations the injury causes. If a car accident injury led to permanent scarring or disfigurement, the injured party could also recover money for stress or lifestyle limitations associated with it.
How is Pain and Suffering Calculated?
There are several significant factors that can affect an award amount in a claim for and pain and suffering in a car accident.
Insurance companies take into consideration both the severity and the permanency of the physical injuries. For instance, if you were a little bruised, you will receive less money than if you broke your ribs.
A common method used by insurers to calculate damages for pain and suffering is to multiply the medical bills by a number between one and five, which is based on the severity and permanency of the injury—the more severe and permanent the injury, the higher the modifier.
Can I Receive Compensation for Pain and Suffering After a Minor Car Accident?
Even after a seemingly minor car accident, it’s still possible to make a claim for pain and suffering. Oftentimes, car accident injuries that appear to be minor may later reveal themselves to be more serious, particularly when it comes to whiplash and back pain, accxording to KTAR News.
It should be noted that if you choose to forgo medical treatment, the insurance company is likely to believe the injury should be associated with a lower value. Medical records of your injuries and subsequent treatment can help your case greatly.
Should I Consult with a Lawyer?
Consulting an experienced car accident attorney can be an extremely helpful move. Dealing with insurance companies can be a huge hassle, and lawyers can help determine if you have a claim, as well as assist with navigating the complexities of litigation, and helping maximize any potential award.
Sometimes, insurance companies will offer a settlement amount that does not cover the full cost of your injuries, bills, lost wages, and other expenses associated with pain and suffering in a car accident. If you find that a settlement offer doesn’t cover what it should, it may benefit you to consult a personal injury lawyer.
Get Help from a Car Accident Attorney
If you or a loved one suffered from a car accident injury, you can get help from an experienced car accident attorney who will make sure that you are fairly compensated for your injuries and other damages. Fill out the form on this page for a free case evaluation.
This article is not legal advice or medical advice. It is presented
for informational purposes only.
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