Updated on: 10/3/2018
When a person is injured in an accident or other type of collision in Washington state through no fault of their own, the law permits the injured person to file a claim for relief against the at-fault party. In accident cases, these claims are usually also filed against an insurance company which is providing insurance coverage to the person responsible for the injury incident.
Definition of ‘Damages’ in Accident Cases
When a person pursues a personal injury claim against an insurance company after an accident, they must list the specific losses that they have suffered as a result of the accident. In the legal world, these losses are referred to as damages.
There are certain types of damages that a person is eligible to claim in a personal injury case, which are set forth by the laws in the jurisdiction for which the accident occurred. In Washington state, the types of damages that you can recover are broken down into monetary losses and non-monetary losses.
An injured victim is entitled to recover anything that may be considered either a monetary or non-monetary loss that resulted from the accident. Of course, the burden to prove that any losses truly resulted from the accident in question is placed on the person pursuing the claim, and that part of the legal process is an entirely different can of worms.
How is Pain and Suffering Calculated?
One of the most common forms of damages resulting from an accident case is pain and suffering. Specifically, pain and suffering refers to all of the physical, emotional, and psychological pain that a victim has suffered as a result of the accident.
Many people who contact Davis Law Group about a potential personal injury claim ask about pain and suffering. Specifically, many people wish to know how exactly the pain and suffering component of a personal injury claim might be calculated, in order to get a better idea of their case and the potential outcome they may experience.
Because pain and suffering is a subjective claim to make, it is very difficult to put a hard and fast rule on how the level of damages might be calculated. In fact, there is no actual formula for pain and suffering in accident cases, and any attorney who tells you otherwise is likely not acting in your best interests.
Experienced attorneys will have a solid history of handling a variety of accident cases, which makes it easier for them to determine what may be an acceptable claim for pain and suffering your accident case.
Contact an Attorney to Learn Your Rights
If you or a loved one has been injured in an accident and are facing costly medical bills and other financial losses, it may be in your best interests to at least consult with a personal injury attorney. Davis Law Group offers free case evaluations to anyone who has been involved in an accident, and there is no obligation to hire us by requesting a free case review.
Use the confidential contact form on this page or call our Seattle office at (206) 727-4000 today to request a free case evaluation and learn more about your legal rights. Our award-winning legal team will help you determine if hiring an attorney might be beneficial for your case, or if you may be able to handle the claim on your own without an attorney’s help.