The aftermath of a car accident can be overwhelming to everyone involved. If you or a family member is left with a scar, it can be a physical reminder of the crash itself. The scar will bring you back to the ordeal of healing, the pain, and suffering that was felt and endured.
If you have recently been in an accident and have incurred a scar because of someone else’s negligence, you may be able to seek compensation for the pain and suffering you have experienced.
Pain and Suffering Explained
Pain and suffering are intangible types of damage for you to seek compensation. It’s something you can’t add up and show proof of or even pin a dollar amount to, but it’s important to include it as part of your lawsuit.
While it can be complicated to calculate, your attorney can help put a value amount to your pain and suffering. Although there is no way to buy away the suffering, filing a claim for your pain and suffering is a small acknowledgment and compensation for what you have been through.
If you have begun to suffer from depression or anxiety, or it has worsened because of the scars you have been left with after your car accident, you can include the treatment and therapy costs in your pain and suffering claim too. You can seek reimbursement for medications (anti-depressants and anti-anxiety meds) as well as therapy and counseling sessions you attend.
A car accident that occurred because of carelessness and negligence on another’s part should not be your price to pay. Those responsible should pay for the terrible aftermath you now find yourself in.
Examples of Pain and Suffering
Pain and suffering can be physical or emotional. Examples of physical pain and suffering could include:
- Permanent or long-term disability
- Physical pain
- Scars and burns
- Traumatic brain injuries (TBIs)
- Shortened life expectancy
- Physical limitations
Examples of emotional pain and suffering may include:
- Depression
- Anxiety
- Post-traumatic stress disorder (PTSD)
- Fear
- Anger
- Loss of enjoyment of things you used to love
- Mood swings
Again, your legal team will help you determine what is and isn’t considered “pain and suffering” and how to include it in your case best.
Proving Pain and Suffering Damages
To prove that you have undergone pain and suffering in your car accident claim, you must be able to show that you have lived with mental distress and physical pain following your accident. Any kind of documentation will help with this. Proof can include journal entries, photographs, medical records, witness statements, and more. All these types of documentation can aid your attorney in fighting for pain and suffering compensation on your behalf. Therefore, do all you can to keep good records in every way.
A detailed journal should document your pain, including the location and pain level. You should list if it has kept you from working or completing daily tasks. Document your feelings on these days as well as if you are feeling depressed or anxious. If you miss out on events or gatherings that you would normally attend, include this information as well. Incorporate as many details as you can as you write.
Witness statements can include those that witnessed your accident and those that are seeing your healing, or lack thereof as well. Family and friends can describe your daily life and what you are or are not able to do, even describing things they may have to do for you because you no longer can do it for yourself.
Photographs and videos are fantastic ways to help the court and insurance company see images of your traumatic accident aftermath, injury, and some of the daily life and suffering you continue to experience.
How Is Pain and Suffering Calculated?
It’s much easier to add up medical bill costs and damages done to your vehicle than to put a number to pain and suffering damages. Your attorney will not only help you calculate these damages but will be sure that they can prove and argue each point that is included in your claim. These amounts will need to be justified to all involved, including the court (judges, juries, and the opposing team) and insurance companies.
One of the main ways that pain and suffering is calculated is by using the multiple method. This method includes rating pain and suffering on a scale of 1 to 5 and then multiplying that rating by your total special damages (medical bills, car damage, etc.).
Factors that will affect your compensation amount are things like the type of injuries you have, how severe the pain was/is, the location of the scarring, how the scarring has affected your everyday life and how it will limit your future daily life, and more. These factors will all be analyzed as your lawyer computes your pain and suffering compensation requested.
An Experienced Legal Team
When considering whether to represent yourself or hire a legal team, do yourself a favor and get a trusted team that has experience with car accident claims working on your side. Remember, the opposing team will almost certainly have a solid legal team behind them. If you don’t, you surely risk your entire case and your chance for compensation for your pain and suffering.
Wormington & Bollinger is the team you want working for you. The knowledge and skills that our lawyers possess will be invaluable to your case, and you will soon wonder how you ever considered going it alone.
Your legal representation will also help you in calculating pain and suffering. This is a complicated and often difficult responsibility that you will need the experience to accomplish.
If you have permanent scars because of someone else’s carelessness or complete negligence, you should have a strong case for seeking compensation for your pain and suffering. Contact Wormington & Bollinger to learn more about the services we provide and how we can help with your legal claim.