What Is Pain And Suffering In Auto Accident – In car accident cases, some damages – that is, what you can recover in damages – are easier to calculate than others. Economic compensation tends to be the simplest. These damages include medical bills, lost wages, and loss of earning capacity.
On the other hand, the most difficult type of damages to calculate is non-economic damages, sometimes called “pain and suffering” more generally. It is difficult to put a dollar amount on the pain and suffering one experiences due to the negligence of another, even as the right to compensation for pain and suffering is clear and justifiable.
What Is Pain And Suffering In Auto Accident
If you have been injured in a car accident, an experienced lawyer can seek full compensation for your losses. Contact a car accident attorney at Hauptman, O’Brien, Wolf & Lathrop for a free consultation.
How Much Can I Get For Pain & Suffering After A Car Accident
Injuries in a car accident can have a significant financial impact. The current financial losses you will experience – such as medical bills and lost wages – and the future losses – including loss of earning capacity, the cost of ongoing therapy, etc. – can be overwhelming.
However, many of the adverse effects of serious injuries are non-monetary in nature. The physical and emotional impact of an accident can have a lifelong impact, especially in cases that result in long-term physical disability or mental distress.
These psychological effects can also affect your physical well-being. Research shows that psychological stress can increase your risk for conditions such as obesity and heart disease.
The damages you can recover for pain and suffering are separate from any financial losses associated with dealing with the physical, emotional and psychological consequences of an accident. Instead, non-economic damages compensate you for the loss of your enjoyment and quality of life.
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In reality, there is no easy way to answer the question of what the average pain and suffering payment is. Yet even if it were, this number would be largely irrelevant to your unique situation.
It would be like asking what the average meal costs, or how much the average car repair will set you back. In either situation, an average would not give you much information about how much you can expect to pay for a meal at a particular type of restaurant, or how much it would cost to fix a particular type of problem mechanical.
Ultimately, it depends on your particular circumstances. In very serious accidents, where you suffer serious injuries that lead to long-term impairments or disabilities, pain and suffering compensation is likely to be high. On the other hand, if your injuries are treatable and you are able to make a full recovery, the compensation you recover for pain and suffering will reflect this.
Insurance companies have specific formulas for calculating how to compensate victims for pain and suffering compensation. An experienced car accident has a good understanding of how adjusters calculate payments for pain and suffering, which is yet another reason why consulting with Hauptman, O’Brien, Wolf & Lathrop can make such a difference to your case.
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Something that car accident victims don’t always realize is that their case may never go to court. 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 a settlement. In most cases, this initial settlement offer does not give you fair compensation for your losses, especially pain and suffering and other non-economic damages. Insurance companies tend to make “lowball” offers in the hope that unsuspecting accident victims will accept them. In fact, too many do.
However, the correct course of action is to treat this as a negotiation. An attorney will understand how an insurance company tries to calculate compensation and negotiate for more on your behalf.
This is why it is so important to work with a lawyer who is willing to take your case to court if necessary. If an insurance company does not believe that you or your attorney are willing to go to trial, the insurer is less likely to provide a fair settlement offer.
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Of course, even when insurance companies recognize your attorney’s willingness to go to court, they may still refuse to offer a fair settlement. In this case, you and your lawyer may need to go to trial to pursue the compensation you deserve.
The most practical way to get a good sense of the value of your car accident claim, including pain and suffering compensation, is to talk to an attorney. Without knowing the nature and extent of your injuries and the circumstances of the accident, it is impossible for your lawyer 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. Our car accident attorneys serve clients in Omaha, Sarpy County, and all of nearby Nebraska and Iowa.
We wanted to express our deepest appreciation for the 2½ years of hard work on our car accident settlement. Your open communication and careful attention made what could have been a very difficult situation bearable. Thank you for everything you did for us. -The Shultz’sWhether 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 compensation you can seek in a personal injury claim.
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After an accident or serious incident, you may be suffering from any number of injuries – both physical and mental – that require medical attention, rehabilitation and other forms of care.
These losses can affect your short-term habits and daily activities. What’s more, serious injuries have long-term consequences that change your normal life.
These are damages that cannot necessarily be measured by a specified dollar amount. Damages such as medical bills and lost wages can easily be calculated to the penny, but pain and suffering is completely subjective. However, a jury is responsible for setting a specific dollar amount on these damages.
It is the subjective feelings of the injury victim, which means that only the victim can explain the pain and the effects of that pain.
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This is also the subjective opinion of the jury, which means that each person on a jury has a different value to the compensation of another person’s pain and suffering.
Although it is subjective, it is not difficult to measure the amount of a person’s compensation. Lawyers use medical records, photographs, videos, and evidence to convey how a person’s life has been affected by physical injuries and emotional trauma. Many lawyers use formulas to calculate this number, such as a dollar amount per day from the date of injury to recovery.
The infographic below shows 25 different types of pain and suffering compensation that a person can claim in a lawsuit. It helps injury victims understand the full extent of their damage and the types of compensation available in a settlement. These claims are in addition to claims for economic damages, such as lost earnings and medical expenses.
Buckfire Law created this free infographic to share with others. You can download it and save it on your website.
How Do Insurance Companies Calculate Pain And Suffering From A Car Accident?
You can embed the infographic using the code in the How to Embed Our Infographic text box above. Copy and paste this code into your site’s page editor.
If you have a WordPress site, you will need to “Add New Post,” select “Text,” and add the embed code. The code used is generally written in HTML, and can be embedded into the back end of most websites.
Explaining the Types of Pain and Suffering Harm • Physical Pain: Physical pain is defined as damage to the body that creates mild to severe discomfort. If you sustained injuries during an accident or shift, such as those to your back, leg, neck, or head that cause pain or distress, you can pursue compensation for physical pain. • Mental Suffering: Mental suffering, or mental pain, includes feelings of distress, fear, anxiety, grief, depression, or mental trauma due to an accident or incident. If an element of an incident leaves lasting emotional trauma, compensation for mental suffering could be awarded. • Loss of Enjoyment of Life: Loss of enjoyment of life refers to any compensation from an event that seriously changes a person’s life or their ability to participate in activities or hobbies they previously enjoyed. If you can no longer participate in activities you enjoyed before injury, you can recover compensation for loss of enjoyment of life. • Physical Impairment: If you suffered an injury that limits your ability to move, coordinate actions, or perform activities of daily living, you can pursue compensation for physical impairment. • Disfigurement: If an accident causes permanent damage or changes to a person’s body, such as their physical appearance, this would be classified under disfigurement. Damages such as permanent scarring are filed under this type of claim. • Loss of Quality of Life: Loss of quality of life is defined as a reduction in a person’s ability to enjoy or participate in life as they did before an event or accident. For example, if a person loses a limb, becomes paralyzed, or suffers severe head trauma, they could cite loss of quality of life in a claim. • Fear: If an accident, event or injury causes sudden and extreme fear
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