Hundreds of car accidents occur every day in the US. In fact, a total of 5930,496 were reported in 2022 alone (the latest year for which figures are available).
An accident, however minor, can have a profound impact on all areas of your life, whether you’re left with injuries and lingering pain or find it difficult to get behind the wheel again. As such, it is important that you are aware of your rights in this situation, alongside the different forms of compensation you may be eligible for.
For example, you may be eligible for ‘pain and suffering compensation’. In this article, we’ll provide you with more insight into pain and suffering claims so that you’re able to put your best foot forward.
Understanding Car Accident Pain and Suffering Claims.
There are many different forms of compensation you can seek out after an accident. For example, you can claim damages to cover the cost of any vehicle repairs (or a replacement, should this be necessary). Pain and suffering claims are designed to compensate for any pain or emotional distress you may be under following your accident.
What constitutes pain and suffering?
The terms pain and suffering are difficult to define in the legal context, as they will likely mean different things to different people. However, you may be eligible for pain and suffering compensation after an accident if:
- You are dealing with ongoing pain or discomfort as a result of injuries sustained during the accident itself
- You are showing signs of emotional distress, such as anxiety, PTSD, or depression
Eligibility for Compensation.
Generally speaking, the above criteria is a general guideline that can be used to determine whether or not you are eligible for pain and suffering compensation. In order to receive this, however, you’ll be asked to provide evidence that substantiates your claims, such as medical records and reports. This will also be used to determine the exact amount of money you receive.
If you are considering making a pain and suffering claim, you should reach out to a local personal injury lawyer as soon as possible. After all, this means that your best interests are protected moving forward and that you have someone on your side when navigating the complicated legal system. In short, it gives you the best chance of getting the results you want or need.
Calculating Your Claim Value.
It can be difficult to determine the precise value of your claim. After all, a lot of different components are taken into consideration, such as:
- The severity of any injuries incurred
- Long-term injury recovery time, or whether or not injuries are considered permanent
- Financial losses caused by missed work (as a result of pain and suffering)
- The amount of money awarded to other claimants in similar scenarios.
Furthermore, different methods may be used to calculate the fee that you should be awarded based on the criteria above. For example, they may multiply the amount of money you’ll have spent on medical fees (and other economic factors), by a specific number – which is set based on the severity of your pain. Alternatively, they may determine the length of time you are likely to deal with these symptoms and award you a specific amount of money per day based on this.
While there are numerous online calculators that you can use to estimate the amount of money you can expect to receive, they are not always accurate. After all, they are not able to take into account all of the factors listed above.
As such, if you’re wondering how much money you can expect to receive from your claim, your best bet is to reach out to a lawyer. They will be able to provide you with a more detailed or accurate estimate.
Proving Pain and Suffering.
As mentioned above, in order to receive pain and suffering compensation, you have to submit evidence that backs up your claims. As a general rule, the more evidence you can provide, the higher your chances of making a successful claim.
You can use a combination of the following as evidence:
- Medical reports/documents.
- Medical scans or test results
- Photographs of injuries
- Witness testimonies (to both the accident and your ongoing pain and suffering)
- Evidence of lost or diminished income
Legal Steps to Take.
While a car accident can occur in a matter of seconds, recovery – both emotional and physical – often takes place over a much larger period of time.
As such, if you were involved in a car accident that has a profound and lasting impact on your life, it’s crucial that you seek compensation sooner, rather than later. This is particularly pertinent when you consider the fact that, under California’s statute of limitations, this kind of claim must be placed within three years of the accident itself.
Furthermore, the sooner you kickstart the process of making a claim, the sooner you can receive the compensation you deserve. If you are unsure of where to get started, or have little previous experience with the legal system at large, your best bet is to reach out to a car accident attorney, such as a member of the team at Harman Law.
This means that you’ll then receive expert guidance at every step of your journey, whether you’re trying to gather sufficient evidence before submitting your claim, or negotiating the total amount. They will also be able to break down any complicated legal jargon or phrases that you do not understand, so that you feel as confident as possible during this time.
If you have any further questions, or would like our support when making a pain and suffering compensation claim in North Carolina, please do not hesitate to get in touch today. We have years of industry experience and have worked with numerous clients in similar situations to your own before, meaning that we’re able to help you put your best foot forward.
We look forward to hearing from you.
