Recovering Damages for Pain and Suffering After a Car Accident

Car accident victims often sustain a lot of damages, including not only physical damage to their vehicles, but also painful injuries, both of which can end up being very expensive. Many people, however, are unaware that besides reimbursement for accident-related medical bills, lost wages, and vehicle damage, accident victims can also recover compensation for more difficult to define losses, like pain and suffering.

What is Pain and Suffering? 

Pain and suffering is a legal term used to describe the physical discomfort and mental distress that a person experiences after being involved in a serious accident. While physical pain is something that an injured party feels in his or her body, mental pain encompasses emotions like depression, anxiety, or even post-traumatic stress disorder (PTSD). These problems can linger on for months or even years, significantly impacting an injured party’s ability to go to work, sustain personal relationships, and enjoy his or her quality of life. Fortunately, besides being able to seek compensation for things like car repairs and medical bills, many accident victims are also entitled to compensation for their pain and suffering. These types of damages are, however, usually only available to those who sustained some sort of permanent injury in their accident.

Who is Eligible for Pain and Suffering Damages? 

Not everyone who is involved in a car crash will automatically qualify for reimbursement for their pain and suffering. Instead, claimants who are seeking reimbursement for pain and suffering will need to prove that they suffered:

• The significant and permanent loss of an important bodily function;
• Permanent injury;
• Significant and permanent scarring or disfigurement; or
• Death.

This can be a difficult standard to meet, which is why it is only accident victims who suffer more severe injuries who are usually granted a monetary award for pain and suffering.

How are Pain and Suffering Damages Calculated? 

Unlike other more tangible losses, like medical bills and lost wages, which can be easily determined using receipts, invoices, bills, and paystubs, pain and suffering damages are a lot harder to quantify. The method a court uses to calculate such losses will vary, but all involve an assessment of:

• The extent and severity of the victim’s injuries;
• How those injuries impact the victim’s daily life;
• The victim’s age and any preexisting medical conditions;
• How those injuries have affected the victim’s family members; and
• The likelihood that a victim will continue to suffer from physical and mental suffering in the future.

For help calculating what types of pain and suffering damages you could be entitled to, please contact our legal team today.

Contact Boone & Davis for Legal Help 

Calculating and seeking pain and suffering damages after an accident can be complex. At Boone & Davis, our experienced Florida auto accident lawyers can walk you through the kinds of damages you could receive if successful and use our skills to help you seek maximum compensation for all of your losses. Call 954-566-9919 or reach out to us via online message to get started on your case today.

Sources:

 law.cornell.edu/wex/pain_and_suffering#:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html