Can you get money for pain and suffering after an accident?
There are hundreds of vehicle crashes per day. Those who walk away without a scratch on them are not only the lucky ones but the blessed ones. Unfortunately, many are not so fortunate as they can receive extensive pain and suffering after a vehicle accident. These types of injuries are known as the non-economic damages after an accident. It takes a good lawyer to prove these types of damages, and the amount allotted in a courtroom is undetermined. The answer is yes; a person can receive an undisclosed amount of compensation for pain and suffering after a wreck.
Defining Pain and Suffering
It is easy to figure the medical bills and the damages of the vehicle. But calculating the damages from pain and suffering is a bit more complicated. A good lawyer can come up with a figure that can go as high as $1 million, depending on the factors involved.
Pain and suffering can come from physical and mental, and no two cases are equal. Some people go through much more distress than others, and sometimes others may have dependents who rely on them like parents or guardians.
For many, post-traumatic stress disorder may be a factor in the person becoming haunted by the accident and losing sleep for an extended period. The amount of pain and discomfort a person feels also is a factor.
Emotional and Mental Pain
Emotional or mental pain happens when a person realizes they are limited in things they can and cannot do. That can cause much stress, especially for parents with small children who need to be picked up and held. Spouses also go through a stressful time when they cannot do things together they used to do. The entire family suffers emotionally, seeing their loved ones hurt, and it hurts the victim just as bad, if not worse.
The medical bills will always be there in black and white to determine the amount of medication, hospital bills, and doctor visits, or physical therapy. Some injuries do not show up on Xrays like whiplash. The victim can only determine the levels of pain they are experiencing. That is why it isn’t easy to put a price tag on how much is needed to compensate a victim for pain and suffering.
Broken bones and loss of limbs can be another factor that affects how much a client can receive in a case settlement. Some injuries last a lifetime, and the client may never recover, especially with the loss of one or more limbs. The thought alone can traumatize a person. A good lawyer can calculate how much his or her client should go for in court.
Insurance Settlements on Pain and Suffering
The entire reason a person needs a lawyer in the event of a vehicle accident is that the insurance companies will never give the amount owed to the victim. Everyone thinks a check handed to them is excellent right off the bat, but the fact is, the money given by the insurance company is the bare minimum of the cost of damages and little to nothing for the pain and suffering. Not to mention, the time lost from work or a person’s regular routines will get thrown by the wayside.
Insurance companies are a business. They operate with the mentality, the more money they have to pay, the less money they have to run their business. The less they have to pay a victim, the better off they are. They do not always mean to be cruel in that sense, and it is nothing personal. It is merely business as usual. A good lawyer knows how to fight the insurance companies to make them pay. After all, that is what insurance is supposed to do.
The Time Frame After the Accident
When an accident occurs, most people know the pain does not always happen right away. It is because the body goes into shock with a substantial amount of adrenaline. The old saying goes, “They’ll feel that the next morning,” is the truth. When the adrenaline in the body wears off is when the pain kicks in full blast.
Some most severe accidents, people may not feel the full effects until months later. That is why there is a statute of limitations that goes for a whole year in most states. It allows the time frame of all the injuries to manifest itself. However, it is vital to seek medical attention right after the accident. As soon as possible, a lawyer is a next step to follow. Time is limited, and a year does go by quickly.
The client must tell the lawyer everything. The client must discuss the pain levels, hand over all medical bills, loss of wages, and the mental and emotional distress during recovery.
Never Settle for Less
No matter how shiny the gold in the check may be from the insurance company, never sign until a lawyer is involved. Many people lose out on the amount they really need in the end if they settle for less.