When there is enough evidence to prove that another person was at fault for the car accident you were involved in, it can be relatively easy to receive compensation for your medical bills; however, collecting compensation for pain and suffering can be a little harder. Pain and suffering is something that insurance companies and courts often award money for, but it is not something they automatically offer. Here are several things you should know about pain and suffering compensation for your car accident claim.
What Does Pain And Suffering Really Mean?
When you collect money from your car accident claim, there will be some for the medical bills you incurred and some for lost wages, in many cases. But you might also be able to ask for money to compensate you for pain and suffering. This is a phrase used often in personal injury cases, and it refers to pain that is emotional or mental. Emotional and mental pain experienced from a car accident can be devastating, and it can cause you to lose out on your happiness and fulfillment in life.
Are You Eligible For This?
If you are not sure if you should ask for compensation for pain and suffering, you may want to talk to your lawyer. Your lawyer is likely to recommend asking if you feel that the accident has left you with emotional pain. This can include feelings of sadness, depression, fear, and grief. Your lawyer may also ask you if you have lost enjoyment in life due to your injuries or the feelings you were left with from the traumatic experience of being in a car accident. If so, your lawyer may recommend asking for compensation for these things.
You should understand that you will be asked to prove that you have emotional pain and suffering from the accident, and the big question is how you can do this. Proving emotional pain is very different than proving physical injuries, but there are ways to do this. Here are some ideas:
- Get records from your counselor – If you sought any type of counseling help for your depression or fear, ask your counselor for records. You can use them to prove that you needed professional help for the grief you were experiencing.
- Keep a journal – A lot of attorneys recommend keeping a journal that describes the way you feel. You can record any feelings you have related to the accident, and this will show a record of pain and suffering for a period of time.
Your attorney may be able to give you other suggestions that also help you prove pain and suffering.
How Much Can You Get?
One of the hard questions to answer in any type of personal injury case is how much money a person can receive for pain and suffering. There really is no formula for calculating this, and every case is viewed on a unique basis. In many cases, the amount offered for pain and suffering is calculated by how severe the accident was, and the severity is often measured in terms of the injuries a person incurred. For example, a person with $100,000 of medical bills may be entitled to more money for pain and suffering than a person with $20,000 of medical bills.
It is always better to ask for an amount that is higher than what you expect or hope to get. This gives your attorney room to negotiate with the insurance company or the person who caused the accident.
If you suffered emotionally from the car accident you were in, you might be entitled to receive pain and suffering compensation. If you would like to learn more about this, hire a personal injury lawyer to help you settle the case or research more information by clicking here.