If you’ve been injured because of someone else’s negligence – whether it’s a car accident, slip-and-fall, pedestrian collision, etc. – you can usually get compensation from the at-fault party’s insurance. If you’re able to prove that someone was at-fault, the next step is to show that you have financial losses to claim the money you believe you’re owed. This is called damages.
There are two types of damages available when someone is injured because of someone else’s negligence: economic and noneconomic. Economic damages are easy for everyone to understand – amounts of medical bills and lost wages because of the accident. These are easy to calculate.
The more difficult type of damages are noneconomic, more often referred to as “pain and suffering” damages. Pain and suffering damages can be highly subjection. How much pain did someone experience during and after the accident? Two people that sustain the exact same injury may go through drastically different amounts of pain.
In addition to pain and suffering, the following are also types of noneconomic damages:
- Physical disfigurement or impairment
- Potentially shortened lifespan
- Mental anguish
- Loss of reputation
- Loss of companionship
- Loss of enjoyment of life
- Emotional distress
Calculating Pain and Suffering Damages After A Car Accident
Establishing standards or guidelines for pain and suffering is difficult or impossible to make. Everyone is different. But the courts have determined many different factors related to pain and suffering:
- Recovery time needed
- Location and severity of the scarring
- Severity of the injury
- Consideration for ongoing consequences
- Socio-economic or political factors
- Personality of the victim
Almost all personal injury cases are settled before they go to trial. Negotiating a settlement requires both sides – your personal injury attorney and the insurance company – to determine the value of the damages.
Insurance companies like to use formulas to calculate how much your settlement is worth.
The truth is there is no formula for determining the value of a car accident or personal injury claim. The circumstances of every car accident case are different. Every person and their injuries are different. The impact injuries have on one's life is different from person to person. The amount of time that it takes to heal from an injury is different for everyone. And pain and suffering is different for every person.
Legal Options After A Serious Car Accident
At Davis Law Group, P.S., we review every detail of your case to provide you with the best possible counseling and representation. Our attorneys and legal team have handled thousands of pain and suffering personal injury claims. It is only a matter of thoroughly documenting all the above, and understanding the ways in which insurance companies operate.
Unlike other Washington State law firms that handle similar personal injury car accident cases, Attorney Chris Davis and his staff focus on the quality of representation, rather than quantity of clients. Let us help you maximize the pain and suffering amount of your claim. Call us today at 206-539-0969 for a free case evaluation. You can also use the chat feature below or fill out the contact form on this page.