When you’ve been in a car accident your life changes in an instant. Beyond the medical bills and the physical injuries that have cost you your ability to work and earn money, you’re dealing with physical pain and mental trauma, known more commonly as “pain and suffering.”
If you were injured in an accident that was caused by another person, you have the right to seek financial compensation for your injuries, including pain and suffering.
While you prepare to fight for your fair settlement with your trustworthy car accident lawyer, it can be helpful to know what type of compensation you may receive. Keep reading to learn how pain and suffering is valued after a car accident.
“Pain and suffering” is legal shorthand for the physical discomfort and emotional distress you face after a car accident. It refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury. It can also involve your inability to live life as you did before, also known as diminished quality of life. This includes stress, anxiety, loss of comfort and relationships, and loss of your ability to enjoy life. Just about every case a car accident attorney sees involves some level of pain and suffering.
Each car accident case is unique, and there is no direct formula that can determine how much you may receive for your pain and suffering. Since the emotional losses you have faced are unique to you, the settlement amount will differ on a case-to-case basis. The following list are a few factors that insurance companies use to evaluate a pain and suffering claim:
• Medical Bill Mix – Diagnostic bills are given less weight than treatment related bills.
• Nature of Injury – Long lasting? Painful? Limiting?
• Duration of Treatment
• Nature of Treatment – Painful? Soothing (i.e. massage)?
• Permanent Injury – These injuries obviously warrant larger settlements depending on their seriousness and effect.
• Lifestyle – If the injury affects the injured person’s ability to enjoy their previous lifestyle, a larger settlement may be warranted.
• Scarring – The insurance company will want to inspect and photograph the scar. They will consider the visual impact of the scar and its location.
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