When someone is injured by a negligent driver, they are entitled to recover damages for quantifiable expenses like medical bills, out-of-pocket costs, car repairs, or loss of income. There are other, less tangible problems associated with car crash injuries that may not be physically visible but still require monetary compensation. The specific amount is calculated by an insurance adjuster offering a settlement, or by a jury if a case needs to go to court.
Specifics of Pain and Suffering Calculations
Unlike lost wages where you can point to pay stubs and find an exact amount to be paid, there isn’t necessarily a specific dollar amount tied to physical or emotional pain and suffering. The amount can vary depending on how strongly the case is presented. To receive the full, fair compensation you are owed, you need a personal injury attorney to show that you experience issues such as:
- Difficulty sleeping
- Emotional distress like frequent anger, anxiety, or fear
- Inability to engage in physical activities
- Loss of appetite or energy
- Mental anguish or depression
- Additional detrimental effects of an injury, such as embarrassment from disfigurement
- Post-traumatic stress disorder
- Sexual dysfunction
These ongoing problems may occur after suffering nearly any type of injury in a car crash, but are especially common in cases where the collision caused a traumatic brain injury, which often results in a number of emotional and cognitive difficulties.
Why You Need a Lawyer to Help Calculate Your Pain and Suffering Damages
No matter what specific type of injury you suffered in the car accident, the at-fault party and insurance carriers will likely attempt to reduce or outright deny any payment you are owed. That’s why you need a lawyer to be directly involved.
For instance, an insurance company may attempt to claim issues like ongoing pain or PSTD were caused by other incidents in the past. With an attorney’s help, you can ensure only relevant medical records are released and previous injuries aren’t used against you.
A personal injury lawyer can additionally utilize sources such as journal entries, calendars of missed events you had planned on attending, and expert testimony from health professionals to help calculate pain and suffering compensation.
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