Getting a Pain and Suffering Settlement After a Car Accident

Pain and suffering refers to the physical and emotional distress you may feel after a car accident. You may experience long-term physical pain after sustaining an injury. Additionally, you may experience mental and emotional trauma from the crash that leads to prolonged anxiety.

If you’re unable to work, perform daily tasks, or do the things you enjoy, you may also be experiencing depression, loss of enjoyment of life, or other psychological impacts. 

Calculating pain and suffering damages after a car accident can be complex. However, several factors are typically taken into consideration:

• Severity of injuries: The extent and severity of physical injuries sustained in your crash play a significant role. More severe injuries often result in higher pain and suffering damages.
• Duration of recovery: The length of time it takes for you to recover is considered. Longer recovery periods often lead to higher damages.
• Medical treatment received: The type and extent of medical treatment required can impact the calculation. This includes surgeries, therapy, medication, and ongoing medical care.
• Impact on daily life: The extent to which the injuries have affected your ability to carry out daily activities, work, or enjoy hobbies.
• Emotional distress: Pain and suffering damages also include the emotional impact of your car accident. That includes anxiety, depression, or post-traumatic stress disorder.

When pursuing a pain and suffering claim, gathering specific evidence to support your case is important. While the exact evidence required may vary depending on the jurisdiction and circumstances, here are some common types of evidence that can strengthen your claim:

• Medical records: Medical records document your injuries, treatments, and any ongoing crash-related pain and suffering. This includes reports from doctors, mental health specialists, therapists, and any other healthcare professionals.
• Expert opinions: Some medical experts can provide professional opinions regarding the nature and extent of your pain and suffering. Their expertise can lend credibility to your claim and help validate the severity of your injuries.
• Photographs and videos: Photos and videos of your injuries, the accident scene, or any related physical limitations can be powerful evidence. It can indicate how your crash occurred and the severity of the incident.
• Personal journals or diaries: Maintaining a journal or diary can provide a narrative of your pain and suffering. Be sure to include the pain, emotional distress, and limitations caused by your car accident.
• Testimonies from witnesses: If there were any witnesses at the crash scene, their statements can support your claim.
• Psychological evaluations: If your pain and suffering have led to emotional or psychological distress, obtaining a psychological evaluation can help establish a link between your physical injuries and the resulting emotional impact.

Pain and suffering damages aren’t as easy to quantify as other damages (e.g., lost wages and property damage). Insurance companies may use any lack of evidence to downplay or deny your claim. They might question the severity of your injuries and argue that your pain and suffering are linked to pre-existing conditions.

That’s why you should first seek the help of an experienced car accident attorney. They can handle all communications and negotiations with the at-fault driver’s insurance company. This protects your legal rights and prevents you from saying something that could jeopardize your case.

What are some pain and suffering settlement examples?

The value of pain and suffering settlements can vary depending on the severity of injuries and the impact on your life. However, here are two hypothetical examples of pain and suffering settlements from car accidents:

Example 1: 

A severe crash caused a victim to suffer severe emotional distress, anxiety, and post-traumatic stress disorder (PTSD). The individual experienced nightmares, panic attacks, and a significant decline in their overall mental health. After negotiations between the victim’s attorney and the at-fault driver’s insurance company, a settlement of $750,000 was reached. This compensated the victim for pain and suffering, mental anguish, therapy costs, and the impact on their daily life.

Example 2: 

In another car accident scenario, a victim sustained a herniated disc in their spine. This resulted in chronic back pain and limited mobility. The individual endured months of physical therapy, steroid injections, and ongoing pain management treatments. The victim’s attorney fought for a settlement that would pay for pain and suffering, loss of quality of life, medical expenses, and future care needs. After negotiations, a settlement of $500,000 was reached.

If you’re experiencing pain and suffering after a car accident, insurance companies may try to take advantage of you. They’re more interested in protecting their bottom line than your well-being. But you deserve better.

A Law.com Premier Car Accident Attorney understands what you’re going through. They know that navigating the aftermath of a crash can be difficult. They can fight for a fair pain and suffering settlement and ensure you’re treated fairly.

Can’t afford an attorney? No problem. Premier Attorneys work on a contingency fee basis. This means there are no upfront costs, and you pay no fees unless they obtain compensation on your behalf. To get started, schedule a free consultation with an attorney near you.