Pain And Suffering Claims For Auto Accidents – In car accident cases, some damages—that is, what you can recover—are easier to calculate than others. Economic damages are usually the simplest. These damages include medical bills, lost wages and loss of earning capacity.
On the other hand, the most difficult types of damages to calculate are non-economic damages, sometimes referred to more generally as “pain and suffering”. It is difficult to put a dollar value on the pain and suffering experienced due to the negligence of another, even though the right to compensation for pain and suffering is clear and justified.
Pain And Suffering Claims For Auto Accidents
If you have been injured in a car accident, an experienced attorney can claim full compensation for your losses. Contact Hauptman, O’Brien, Wolf & Lathrop Auto Accident Law for a free consultation.
Car Accidents In Indiana
Injuries sustained in a car accident can have significant financial implications. Both the current financial losses you experience – such as medical bills and lost wages – and the future losses – including loss of earning capacity, ongoing care costs, etc. – can prove overwhelming.
However, many of the negative effects of a serious injury are non-economic in nature. The physical and emotional damage of an accident can have a lifelong impact, especially in cases that result in long-term physical disability or emotional distress.
These psychological effects can also affect your physical well-being. Research shows that psychological stress can increase your risk of diseases such as obesity and heart disease.
The damages you can recover for pain and suffering are different from any financial loss associated with treating the physical, emotional, and psychological consequences of an accident. Instead, non-pecuniary damages compensate for the loss of enjoyment and quality of life.
How To Calculate Pain And Suffering In An Accident Claim
In fact, there is no easy way to answer the question of what is average compensation for pain and suffering. And yet, even if it were, that number would be largely irrelevant to your unique situation.
That would be like asking what the average meal costs or how much the average car repair will set you back. In either situation, the average gives you a little idea of how much you can expect to pay for a meal at a certain type of restaurant, or how much it would cost to fix a certain type of mechanical problem.
Ultimately, it depends on your specific circumstances. In very serious accidents where you suffer serious injuries that result in long-term disability or disability, pain and suffering damages are likely to be large. On the other hand, if the injuries are treatable and you are able to make a full recovery, your recovery for pain and suffering will reflect this.
Insurance companies have their own formulas for calculating how to compensate the victim for damages caused by pain and suffering. An experienced auto accident attorney understands well how adjusters calculate pain and suffering awards, which is yet another reason why consulting with Hauptman, O’Brien, Wolf & Lathrop can make a difference in your case.
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Car accident victims don’t always realize that their case may never go to trial. The first step is always to file a claim with the other driver’s insurance company.
The at-fault driver’s insurer may offer you compensation. In most cases, this initial settlement offer will not fairly compensate you for your losses, especially pain and suffering and other non-economic damages. Insurance companies tend to make “low-ball” offers in the hope that unsuspecting accident victims will simply accept. In fact, too many do.
However, the correct course of action is to treat this as a negotiation. A lawyer will understand how the insurance company will try to calculate the damages and negotiate more on your behalf.
This is why it is so important to work with an attorney who is willing to take the matter to court if necessary. If the insurance company does not believe you or your attorney is willing to go to trial, the insurer is unlikely to offer a fair settlement.
How Much Is My Car Accident Settlement Worth?
Of course, even if insurance companies recognize your attorney’s desire to go to court, they may still refuse to offer a fair settlement. In this case, you and your attorney may have to go to trial to get the compensation you deserve.
The most practical way to get a good idea of the value of a car accident claim, including pain and suffering damages, is to speak with an attorney. Without knowing the nature and extent of your injuries and the circumstances of the accident, it is impossible for your attorney to provide a reliable estimate of the damages in your case.
Call Hauptman, O’Brien, Wolf & Lathrop at (402) 241-5020 today for a free consultation. Car accident attorneys serve clients in Omaha, Sarpy County, and throughout Nebraska and nearby Iowa.
I wanted to thank you for your work on my case. I was rewarded much more than I expected and I know it is because of you both. I appreciate the time you took to make this possible and your patience with my constant calls. Thanks again! Sincerely, -Mandy Whether your injuries were the result of a slip and fall accident, medical malpractice, or a car accident, there are many types of pain and suffering damages that you can seek in a personal injury claim.
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After a serious accident or incident, you may suffer from a number of injuries – both physical and mental – that require medical attention, rehabilitation and other treatment.
These losses can affect short-term routines and daily activities. In addition, serious injuries have long-term consequences that change your normal life.
These are damages that may not be measurable in a specific dollar amount. Damages like medical bills and lost wages can easily be calculated to the penny, but pain and suffering is completely subjective. However, the jury is responsible for setting a specific dollar amount for those damages.
It is the subjective feelings of the injured victim, that is, only the victim can explain the pain and the impact of the pain.
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It is also the subjective opinion of the jury, meaning that each person on the jury has a different value for another person’s pain and suffering.
Although subjective, it is not difficult to determine the extent of a person’s damage. Attorneys use medical records, photos, videos and testimony to show how physical injuries and emotional trauma affected a person’s life. Many attorneys use formulas to calculate this number, such as a dollar amount per day from the date of injury until recovery.
The infographic below shows 25 different types of pain and suffering that a person can claim in a lawsuit. It helps injury victims understand the full extent of their damages and the types of compensation available in a settlement. These claims are in addition to financial damages such as loss of income and medical expenses.
Buckfire Law created this free infographic to share with others. You can download it and save it on your website.
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Explaining the types of pain and damage suffered • Physical pain: Physical pain is defined as damage to the body that causes mild to severe discomfort. If you have sustained injuries during an accident or dispute, such as injuries to your back, leg, neck or head, which cause pain or suffering, you can claim damages for physical pain. • Mental distress: Mental distress or mental distress includes feelings of anxiety, fear, anxiety, sadness, depression or mental trauma caused by an accident or event. If part of the event leaves a permanent mental trauma, damages can be awarded for mental suffering. • Loss of enjoyment of life: Loss of enjoyment of life refers to damage from an event that seriously changes a person’s life or ability to participate in activities or hobbies they previously enjoyed. If you can no longer do the activities you enjoyed before the injury, you can get compensation for the loss of enjoyment of life. • Physical disability: If you have suffered an injury that limits your ability to move, coordinate your actions or carry out daily activities, you can claim damages for physical disability. • Inking: If an accident causes permanent damage or changes to a person’s body, such as their physical appearance, it is classified as disfigurement. Damages, such as permanent scarring, are filed under these types of lawsuits. • Impairment of quality of life: Impairment of quality of life is defined as a person’s ability to enjoy or participate in life as before the event or accident. For example, if a person loses a limb, is paralyzed, or suffers a serious head injury, he or she can claim a deterioration in the quality of life. • Fear:
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