Proving Pain and Suffering Damages After an Automobile Accident

Pain and suffering damages are vital types of compensation available to accident victims. If you've been involved in an automobile accident, you must prove pain and suffering damages to maximize your financial recovery.

There are several ways to prove pain and suffering damages. One is to simply describe the physical pain and suffering you've endured due to the accident. Another is to provide medical evidence of the pain and suffering that you've experienced. This can include doctor's reports, hospital records, and radiology films.

If you're seeking pain and suffering damages, hiring a reliable lawyer can help you gather the necessary evidence and build a strong case is essential. An experienced lawyer will know how to effectively present your pain and suffering damages claim to an insurance company or jury, ensuring you receive the total compensation you deserve.

How Are the "Pain and Suffering Damages" in a Car Accident Defined?

Pain and suffering damages come from the physical pain, mental anguish, and emotional distress caused by an injury. In a car accident, pain and suffering damages can include the pain of the actual injuries and the psychological pain that comes from dealing with the aftermath of the accident. Many people who have been in car accidents report feeling PTSD-like symptoms, such as anxiety and paranoia, long after the accident has occurred.

These psychological effects can be just as debilitating as the physical pain of the injuries and can often last much longer. When calculating pain and suffering damages, one must consider both the short-term and long-term effects of the injuries. Only then can a fair settlement be reached.

Typical Amount Paid For Pain And Suffering In Automobile Accidents

Pain and suffering damages can be significant following an automobile accident. The average person who experiences pain and suffering may claim $15,000 to $20,000 in damages. However, the damages will vary depending on the gravity of the injuries. For example, someone who experiences a few bruises and cuts may only claim a few thousand dollars in damages.

On the other hand, someone who is left with permanent scars or disfigurement may be able to claim much more. In addition, the extent of the pain and suffering will also play a role in determining the number of damages. Someone who suffers from chronic pain or emotional trauma may be able to claim more than someone who only experiences short-term discomfort. Ultimately, the number of damages that can be claimed for pain and suffering will depend on the specific circumstances of each case.

Settlement Examples For Pain And Suffering

Arm Fracture After a Crash

You were driving home from work one day when another driver ran a red light, causing a severe crash. As a result of the collision, your left arm was fractured in two places. After spending several weeks in the hospital, you finally recovered and were able to return to work. However, you could never fully regain the use of your arm, and you experienced chronic pain due to the injury. In addition, the accident caused you to miss out on important family events and time with friends. After consulting a reliable attorney, you filed a lawsuit for pain and suffering damages. Ultimately, the case settled for $350,000.

A Wreck Caused a Severe Knee Injury

You were involved in a car accident that was not your fault. As a result of the crash, you suffered severe trauma to your right knee, which required surgery to repair. The surgery was successful, but you were left with permanent scarring and residual pain. In addition, the accident caused you to miss several months of work, during which time you fell behind on bills and incurred significant financial hardship. After consulting with an attorney, you filed a lawsuit for pain and suffering damages. The case ultimately settled for $475,000.

2 Methods for Calculating Pain and Suffering

A few different methods can be used to calculate pain and suffering.

Daily rate, or per diem technique

This approach uses a daily rate for the amount of pain and suffering experienced. The formula for this technique is: per diem x number of days = total pain and suffering. For example, if someone experiences pain and suffering at a rate of $100 per day for 30 days, their total pain and suffering would be $3,000.

Multiplier approach

This approach uses a multiplier to calculate pain and suffering based on the victim’s economic damages. The formula for this technique is: economic damages x multiplier = total pain and suffering. For example, if someone has $10,000 in economic damages and the multiplier is 2, their total pain and suffering would be $20,000.

What Sorts of Evidence Will Be Examined By The Insurance Company?

If you've ever been in an accident, you know that the insurance company will ask for evidence to support your claim. Here are six pieces of evidence that the insurance company may examine:

1. Records of prescriptions

The insurance company will want to see records of any prescriptions that were filled in connection with the accident. This helps to establish the extent of your injuries and the treatment received.

2. Receipts and medical records

The insurance company will also want receipts for any medical treatment and medical records related to the accident. This helps to establish the nature and extent of your injuries.

3. Diagnostic photography and imaging

The insurance company would want to see the results if you underwent any diagnostic testing, such as X-rays or MRI. This helps to confirm the diagnosis and assess the severity of your injuries.

4. Receipts for prescription and over-the-counter medicines

If you were prescribed any medication in connection with the accident, the insurance company would want to see proof of purchase. This helps to establish the cost of your treatment and ensure that you were not overcharged.

5. A record of your employer's lost wages

This can help to establish the extent of the economic impact of the accident.

6. Entries in your diary or journal describing your accident, injuries, or healing process

These can provide first-hand accounts of the events leading up to the accident and insight into the physical and emotional impact of the injuries.

How Can a Lawyer Assist in Demonstrating Pain and Suffering?

Any personal injury case has the potential to be emotionally and mentally devastating, on top of the physical pain suffered. Many people choose to go it alone to save on attorney's fees. However, an experienced personal injury lawyer can be invaluable in and out of the courtroom. A good attorney will take the time to get to know their client and build a strong case that not only proves the extent of their injuries but also demonstrates the emotional anguish that has been caused.

In addition, a good lawyer will be familiar with the insurance companies and their tactics and fight for fair compensation. For many people who have been wrongfully injured, working with a reliable attorney is the best way to ensure they can move forward with their lives.

Fight For A Fair Compensation You Deserve

Many people don't realize they can recover from the pain and suffering damages after an automobile accident. If you've been in an accident, you may be dealing with physical pain, emotional trauma, and costly medical bills. You deserve to be compensated for all of the pain and suffering that you've endured.

An experienced automobile accident lawyer at OUCH USA can help you fight for your deserved compensation. The insurance company will likely try to lowball you with an initial settlement offer. Don't accept this offer without first consulting with a lawyer. You may be entitled to far more than the insurance company is offering.

An experienced lawyer will know how to build a strong case and get you the compensation you deserve. Don't go through this challenging time alone. Contact us via email at hello@ouchusa.com or call us at +1-844-872-6824 today and get started on recovery.