FAQs About Pain And Suffering In An Auto Accident

Law Blog

In most auto accidents involving injuries, pain and suffering usually is included in the damages. Pain and suffering is a bit more complicated than some people believe because there are various factors that can influence just how much is awarded for it. If you have recently been injured in an auto accident, here is what you need to know about pain and suffering. 

What Does Pain and Suffering Include?

At the surface level, pain and suffering covers exactly what it implies. It provides compensation for the pain you experienced from your injuries and the suffering that resulted from it. However, since there is no way to put an actual dollar amount on pain and suffering, insurance companies assess a wide range of factors.

For instance, how long you received medical treatment can be considered. The seriousness of your accident and injuries are also considered. If you suffered whiplash in a minor fender bender, you might receive less compensation than someone who required major reparative surgery and whose car was totaled. 

Your mental pain and suffering are also factored into the equation. For instance, if you developed an anxiety disorder after the accident, you could include it into your argument for more compensation. If you are unable to participate in a certain activity after the accident, such as your child's graduation, you could argue this caused you mental anguish that you should be compensated for. 

How Can You Calculate Your Damages?

Since there is no set compensation schedule for pain and suffering, it is up to you and the insurance company to reach an agreement on how much you should receive. Before entering negotiations with the insurance company, it is important that you have an idea of what you want to receive. Without this figure in mind, you might settle for less than your case's worth. 

One method of determining how much you are owed is to simply total up the number of days you were impacted by the pain and multiply it by a number, such as two or three. Once you have the number in mind, you need to determine what is the lowest number you are willing to settle for before opting to file a lawsuit instead. 

You can also review recent settlement amounts in cases similar to yours. This can be tricky though. People recover from injuries differently and they also experience varying degrees of pain. Use the other cases as a guide, but be careful in determining how much you want to ask for. 

Consult with an auto accident lawyer, such as the injury lawyers at Robert O. Levin Law Office, to help you with calculating what you are owed for pain and suffering. He or she can use experience and knowledge of the law to help you determine a realistic compensation amount. 


8 June 2016