All You Need To Know About Pain And Suffering Compensation In Car Accidents Cases
Challenges after recovering from a car accident are real. A key concern here would be how to get adequate compensation for the losses you have suffered.
Even a minor accident can leave you with substantial hospital bills, car damage recovery costs, and emotional damages. In this scenario, you can claim compensation for the pain and suffering caused by the accident.
What Is Pain And Suffering Compensation For Automobile Accidents?
Though, pain and suffering don’t have any standard definition. But it generally refers to a person’s physical and mental distress because of another person’s carelessness or negligence. This can include:
- Physical pain arising from bodily injuries.
- Emotional distress, including stress or anxiety.
- Physical discomfort arising from medical care during treatment.
Who Can Claim Motorcar Accident Compensation For Pain And Suffering?
Anyone injured in the accident cannot claim pain and suffering compensation. You can only claim a lump sum for pain and suffering if:
- You are not at fault for the incident.
- Your injuries come under the arena of “non-minor.”
- Permanent impairment should be more than 10%.
How Can You Seek Compensation?
Calculations of car accident compensation claims are not as straightforward as it seems. This is because the impact of it may vary from person to person. These damages are not based on any pocket expenses. Therefore, there is no one way to calculate the pain and suffering damages.
Suffering falls into two main categories – economic and non-economic damages. Damages like wage loss, unpaid hospital bills, and out-of-pocket expenses may fall under financial losses.
These kinds of injuries are generally calculated from billing statements or pay stubs. However, in the case of non-economic damages, usually, a large portion of damages are related to personal injury cases. These are generally based on your injuries, pain, or suffering after the accident.
Some of the factors that can be used to calculate the non-economic damages include:
- Duration and severity of your injury and pain.
- Injured person’s age.
If you suffer economic or non-economic damage, you are liable to claim a vehicle accident compensation for pain and suffering. Inform first about the damage caused, and only then will the company do the needful to help you get your compensation.
How Much Can You Expect To Receive As Compensation?
One important thing to consider is that the insurance company will begin its research and analysis to know about the accident and the amount of compensation to pay. If, after the car accident, you choose not to take medical treatment, the insurance company may not attach much value to your claim.
Therefore, getting the required medical attention after your car accident is vital. The insurance company can demand your medical records for the injury claim evaluation. Then, based on these records and the severity of your accident, they can calculate the compensation you will receive.
A car crash can have a significant impact on your quality of life. It may even put a halt to your financial savings. Therefore, getting compensation for pain and suffering would always be wise.
Before filing a case, you should know about it in depth. Professional advice would help you get a successful outcome as soon as possible. You can also contact a reputed lawyer to know your rights and claim the settlement amount.
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