Car accidents’ consequences and damages can be long-lasting with a lot of suffering and pain. The aftermath of an auto collision can be catastrophic and bring someone’s life upside down.
The official term used in courts for car accidents’ repercussions is “pain and suffering”. Pain and suffering are the long-term damages from an auto accident that someone can claim compensation. The plaintiff can claim compensation for the pain and suffering resulting from the at-fault driver’s wrongful acts.
Most claims involve small injuries that payout under $15,000. However, the seriousness of the injuries affects the evaluation of the amount covering pain and suffering damages.
There are various factors to be considered when claiming compensation for pain and suffering. This is where a South Carolina car accident attorney comes in. No one should be left to deal with the aftermath of an automobile accident alone. You will need the advice of an experienced auto accident lawyer to protect your rights and recover your damages at most.
This article breaks down the ways pain and suffering damages from a car accident can be calculated.
Understand the “Pain and Suffering” Meaning
“Pain and suffering” is an abstract concept, and it is essential to clarify what it means. It is generally used to show the extent and severity of trauma caused by automobile accidents.
Injuries are separated in physical and mental. Physical injuries, like constant pain, are considered to be affecting the plaintiff’s quality of living. When the pain of these injuries creates an inability to function or even affects a person’s mobility, damages will be calculated accordingly. Furthermore, physical pain can lead to financial struggles when the victim cannot attend work.
On the other hand, emotional pain can be even worse. Mental damage can often last a lifetime with severe consequences. These damages do not come with a price tag and are hard to calculate. The law uses the financial compensation system to help the sufferer get some relief and continue their lives.
How to Measure Pain and Suffering
Lawyers, insurance companies, and law consider some factors to figure out an actual number of how much money is a case worth. This non-economic pain and suffering injury can be estimated by using the following elements:
- The level and sort of injuries – A hand injury is very differently treated than a head injury.
- The duration of the injuries until the victim fully recovers
- The injury effects upon the victim’s life
- If the injuries resulted in death or could possibly lead to death
Pain and suffering damages estimation can depend on previous case information, but each person reacts differently to injuries even when injuries look the same. The level of pain experienced cannot be identical in any case. The calculation is based on each car accident case’s negative impact on the victim’s everyday life.
Pain and Suffering Damages Evidence
Having said all of the above, and what characterizes pain and suffering damages, it is essential to understand how you can prove that the victim is entitled to the compensation payment.
A car accident attorney can assist in the procedure of gathering evidence and showcase the pain and suffering resulting from the auto accident. The following documents are necessary to support a pain and suffering case, presenting the accident’s effect on the victim’s everyday life.
- Doctors’ testimonies
- Medical reports
- Emergency hospital report
- Photographs of the car accident scene and injuries
- Video of the car accident scene and injuries
- Testimonies from friends and family members on how this auto crash affected your life
- A written description of your pain and suffering after the accident. For example, your journal describing your feelings through the car accident and afterward.
Your auto accident lawyer will use all these documents to showcase in court the effects of your traumas on your everyday life and win the best settlement possible. You can use this guide and gather all your documentation in a file before visiting your car accident attorney for the first time. Lawyers appreciate the effort to help prepare a case.
If you or someone you love are in the problematic situation of the aftermath of a car accident, with life-changing results, our team of expert lawyers in Brumback & Langley in Greenville, SC, can thoroughly assess your case and protect your right to compensation.
Call us today and arrange your free consultation meeting and figure out your action plan.