The amount of compensation a victim should seek for pain and suffering as a result of a car accident will depend on the severity of their injuries and how they have affected a victim's life.
According to the Insurance Information Institute (III), the settlement amount of pain and suffering a victim can get may be determined by whether their injury satisfies certain criteria to be classified as serious under no-fault regulations. Because Ohio is an at-fault state, this means that a driver who is at fault for an accident will likely be financially responsible.
It may be difficult to determine a victim's non-economic losses, which may include pain and suffering. A lawyer may consider the following factors before determining the value of this portion of a client's compensation claim:
Whether a victim is unable to participate in previously appreciated activities
If the victim's injuries have had an influence on their social, personal, or professional life
When constructing a compensation claim, the legal team representing a car accident victim may take steps to properly examine the consequences of the accident. Their assessments could be used to determine the monetary value of a victim's pain and suffering following a car accident.
Calculating Your Pain and Suffering Damages Involves Valuing Multiple Losses After a Car Accident Case
Both economic and non-economic damages will be considered in determining the total amount of a victim's compensation claim.
When determining the entire cost of economic damages, the process is usually straightforward. They are linked to financial expenses and losses that have a set price, such as medical bills and lost wages due to injuries or treatments that prohibited the victim from working. The costs of repairing or replacing the victim's car or other personal property if it was destroyed or totaled in the accident may be included in this section.
Non-economic damages include pain and suffering. Intangible variables that do not have a set cost are often included in this form of harm. Non-economic damages can differ dramatically from one accident to the next, as well as from one injury victim to the next. Such damages could include mental and emotional trauma, physical disability, and physical disfigurement, in addition to pain and suffering.
A victim's legal representative can walk them through the stages and procedures for calculating economic and non-economic losses.
A Lawyer May Be Able to Assist You in Calculating Your Financial Losses
Following a car accident, a personal injury lawyer can begin working on a victim's car accident claim right away, allowing the victim to concentrate on their physical recovery. Because the Ohio Civil Practice Law & Rules normally limits the filing time for personal injury cases to two years, contacting a personal injury attorney may help a victim meet the statutory deadline.
Trusting a legal firm with a personal injury insurance claim or litigation may also benefit the client:
A car accident victim must gather evidence to support their personal injury claim for negligent compensation.
The victim must investigate their case, which may include witness interviews, evidence gathering and analysis, and regular updates on the status of personal injury claims.
If someone or a loved one has been hurt in a car accident by a careless driver, they may want to find personal injury lawyers to represent them in a damage claim. A victim may want to have a lawyer present during settlement negotiations if they want to conclude their pain and suffering claim with a financial reward.
The Keating Firm can help car accident victims gather evidence to back up their car accident injury claim or lawsuit.
If a driver is involved in a car accident in Ohio that results in injuries or serious property damage, they must notify law enforcement.
A lawyer may also want photographs of a victim's injuries, their vehicle, and the accident scene in addition to the collision report. They could contain remarks from witnesses, as well as expert testimonies or opinions that back up the victim's argument. Personal injury attorneys may offer victims support, advice, and guidance as they work through the personal injury compensation procedure.
Pain and Suffering Is a Compensable Expense
A victim may be eligible to collect cash compensation for their accident-related expenditures if their lawyer is able to prove the other driver was irresponsible in causing the car accident. Furthermore, a victim can talk to their lawyer about how much they should ask for in terms of pain and suffering after a car accident, and they can also help the victim value their pain and suffering claim or case.
Who Is Eligible for Pain and Suffering Damages After a Car Accident?
After a car accident, who is eligible for pain and suffering compensation?
The term "pain and suffering" is a catch-all. It's referred to as general damages in the legal world. A victim's non-financial losses, which might range from mental distress to physical agony, are referred to as general damages. This category includes losses such as permanent injuries, impairments, and the inability to work.
Basically, if a victim's losses exceed their medical expenditures and lost work time, they may be eligible for pain and suffering damages.
How Much Should You Demand in Compensation for Your Pain and Suffering?
It's difficult to calculate a precise sum to pay because pain and suffering damages aren't based on actual financial expenditures. However, insurance companies have devised a formula to do so.
The Pain and Suffering Formula Insurance Companies Use:
This formula is made up of three parts:
The insurance company begins by calculating the amount a victim owes. This entails totaling up all of the victim's medical bills, car repairs, and other out-of-pocket expenses. Overall, this is the most straightforward element of the equation.
An insurance company then attempts to "rate" the seriousness of the victim's condition. It's true that this is a difficult task. Moreover, it's also highly subjective.
There is, however, some sense behind it. Living in agony for a few months is unpleasant, but living in pain for the rest of a person's life is even worse. Thus, if a person is unable to walk, things could get considerably worse. The insurance company assigns a number between one and five to the victim's physical pain based on how severe it has been.
The rating is then multiplied by the starting cause. As an example, if a victim's medical bills and other hard expenditures totaled $50,000, and their physical pain was evaluated at a three, the victim's pain and suffering damages should be around $150,000 (3 x $50,000 = $150,000).
This system is far from ideal, but it appears to work: those who have suffered the most are compensated significantly more. However, a victim must still prove their case. Regrettably, insurance firms are renowned for undervaluing damages for pain and suffering. This is why it's important to have a lawyer on the victim's side.
What Types of Pain and Suffering Result from a Wrongful Death?
According to the National Highway Traffic Safety Administration (NHTSA), fatal traffic accidents are frequently caused by speeding and intoxicated driving. When someone's irresponsibility results in a deadly car accident, pain and suffering are unavoidable.
The following types of pain and suffering that may be recoverable as a result of a fatal accident are:
Physical pain that the deceased experienced before they passed away
Emotional distress and pain that the deceased experienced
The grief of surviving loved ones
Loss of a parent, spouse, or child and the support they once provided
Survivors' loved ones may also be entitled to compensation for pain and suffering. Counseling, medicine, therapy, and other forms of treatment could be considered recoverable damages.
How Do You Prove Your Pain and Suffering?
The value of a victim's settlement or judgment in a vehicle accident case may be influenced by a victim's ability to substantiate their losses. Attorneys can demonstrate the nature of their pain and suffering by:
Obtaining a mental health professional's written or oral evaluation
Obtaining documents of pain and suffering treatment, such as prescription and medical bills
Having a victim's injuries and symptoms evaluated by a doctor
Keeping financial records for a victim's present medical treatment and future medical treatment projections
Obtaining testimony from family members, friends, coworkers, and those who have experienced a victim's anguish and suffering. (lost wages)
Looking for any other evidence that could explain a victim's pain and suffering
In general, the more evidence the attorney can gather, the stronger a victim's case will be.
What Is the Average Pain and Suffering Settlement?
Every settlement sum from a car accident lawsuit is not available to the general public. As a result, this law firm can't say what the average pain and suffering compensation is. The Keating Firm team, on the other hand, may be able to estimate the value of a client's settlement with a free case evaluation.
A victim's settlement value is influenced by the specifics of their vehicle accident. Moreover, a particularly terrible injury, a crippling injury, or the death of a loved one all justify a settlement amount that is more than average.
Can You Receive Awards for Pain And Suffering if You Have Partial Fault?
Yes, depending on which state the accident occurred in, a victim may be eligible for compensation even if they were partially at fault.
In states that have comparative negligence rules, persons who are partially at blame can usually seek compensation.
Overall, in such states, persons who have less responsibility for an accident may seek compensation. In most cases, this includes compensation for pain and suffering. If the party claiming compensation is to be paid, they must be less than 50% at fault for the accident. In most cases, they will need to have far less than 50% fault to receive any kind of compensation.
The following are examples of accidents in which numerous people may be at fault:
When one of the drivers involved in a crash is intoxicated, but the other driver runs a red light.
A collision in which one of the colliding motorists was preoccupied and failed to notice another colliding car that made a dangerous lane shift.
A crash in which one of the colliding motorists slammed on their brakes for no apparent reason, but the other colliding motorist failed to maintain a safe distance, resulting in a rear-end collision.
In each of these cases, both drivers contributed to the likelihood of a collision. Whether it was a risky driving move, distraction, or alcohol, each driver acted irresponsibly.
It can be difficult to determine who has the majority of the blame for such accidents, but it is necessary. If a lawyer concludes that the victim is less at fault for the accident than another driver, they may be eligible for compensation.
Is It Really Necessary to Hire a Lawyer?
It is never a bad idea to consult a lawyer. A Columbus Ohio car accident attorney has the skills and legal understanding to assess a victim's damage claim and ensure they're requesting all of the compensation (such as medical bills) that they're entitled to. Furthermore, if a plaintiff has a lawyer on their side, the insurance company and, if the matter goes to trial, the opposing attorney is more likely to take them seriously.
Having a lawyer by your side also helps answer other important questions such as what happens if there is no police report for a car accident you were involved in.
The Advantages of Hiring an Attorney
The vehicle accident claim will be handled by a personal injury lawyer from beginning to end. A victim will not have to negotiate with insurance companies or other lawyers because their case is being handled by a lawyer. Also, they can concentrate on their recovery. Indeed, health-related benefits could be a compelling reason to hire a lawyer.
If a victim entrusts their case to a lawyer, they will be able to:
Relax
Increase the amount of time they have to undergo therapy
Avoid the worry that a car accident might bring
Avoid any health issues that may arise as a result of stress
Hiring a lawyer to handle a victim's case is a wise move from a health standpoint.
Contact a Personal Injury Attorney Today for Help
The Keating Firm can assist anyone who has been injured in a car accident. The lawyers at The Keating Firm LTD will provide the victim with a free consultation and assist them in determining what they are entitled to in terms of pain and suffering. They are experienced and competent attorneys, if in any case you are worried about what happens if you lose a car accident lawsuit.