Calculating Damages For Pain And Suffering Can Be Tricky


After a car accident, it should be obvious that you should be entitled to compensation for damage done to your vehicle, medical expenses, and lost wages. However, many car accidents also lead to motorists receiving compensation for pain and suffering. The challenge of pain and suffering claims is that the experience of pain and suffering can be very subjective and you may wonder how to determine the full extent of your agony that has resulted from your car accident.

Starting the Process

If you will be seeking compensation for pain and suffering, you must begin by contacting an auto accident attorney. Many courts are unwilling to award substantial damages for pain and suffering because litigants in the past have asked for what was perceived as too many benefits. 

The pain you suffered from your accident might be mild, it might be moderate or it might be the worst pain of your life. However, the defendant and the courts might dispute how severe your pain and suffering actually is when you aren't able to prove the extent of your suffering.

Insurance providers and juries often calculate pain and suffering very differently. For this reason, you will often be unable to settle your case out of court because you will simply not be offered enough money.

Documenting Your Injuries

To seek compensation for your injuries, you will need to make sure that your claim is as well-documented as possible and that your case is documented in the most persuasive manner possible. 

One way that your damages for pain and suffering might be calculated is by taking your "specials," those economic damages you suffered, and multiplying them by 1.5 to 5 depending on the severity of the accident. In some states, there might be a cap for how much you may receive in compensation. For example, in Massachusetts, you'll normally only receive up to $2,000. However, you may receive more if:

  • You suffer the partial or full loss of a limb
  • You suffer the loss of sight or hearing
  • You suffer a fracture
  • You lose some of your teeth
  • You suffer permanent disfigurement

Because the extent of your damages can impact how much you may receive in compensation, it's essential that you gather all the necessary evidence with your auto accident attorney. In some states, there is no set way to calculate your damages and the judge will simply give the jury assistance when trying to decide how much you'll deserve. Visit a website like www.cookevilleinjurylaw.net to learn more.

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Maintaining Your Cool After An Accident

When you are involved in a potentially complicated car accident, you never know what you will have to deal with next. From struggles with finances to setbacks with your health, it can be difficult to wrap your mind around just how much your life could change. Although many people are focused on doing what they can to maintain their cool, the fact of the matter is that it can be a real challenge. However, if you work with the right legal team, you can streamline the entire experience. From having someone by your side to fight legal challenges to working with a professional to take care of paperwork, lawyers can be incredibly helpful.

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