How Are Pain and Suffering Determined in a Car Accident?

Did you suffer injuries in a car accident in Indianapolis? Then you probably know you can seek compensation from the party at fault. The best way to do it is with the help of a car accident attorney in Indianapolis. Their services will save you valuable resources and help you obtain higher compensation. Depending on the injuries you received, the compensation may even cover pain and suffering. However, securing this type of damages will not be easy. It takes experience, skills, and thorough knowledge of Indiana laws.

Time matters as well. Under Indiana laws, car accident victims only have two years to claim property damage and injury losses. It may seem a long time, but the months fly by while you recover from serious injuries. Those who wait too long often lose valuable evidence or lose track of important witnesses.

That is why it is advisable to consult an Indiana car accident lawyer as soon as possible. Pain and suffering damages are different from treatment costs and lost income. They are more difficult to prove, but also well worth pursuing. The best way to understand their implications is to review the types of damages and their specifics.

Claiming Economic vs. Non-Economic Damages for an Indiana Car Accident Lawyer

Indiana laws give accident victims the possibility to seek compensation for two types of damages:

  • Economic (special) damages. They refer to objective, verifiable expenses like medical bills, car repairs, and lost income.
  • Non-economic (general) damages. They refer to subjective costs like physical and emotional pain and suffering. Common claims for such damages involve diagnoses with depression, insomnia, and chronic pain).

The measure of the value of the damages in this last category is pain intensity and duration. These are quite difficult to assess. That is why the skills of the Indiana car accident lawyer handling the case play a huge role. Each car accident attorney in Indianapolis has strategies for impressing insurers and court juries. Some work better than others. However, all strategies take into account factors like:

  • Injuries severity
  • Disfigurement
  • Inability to perform usual activities
  • Aggravations of a preexisting condition
  • Duration of pain and suffering

In order to prove the pain and suffering their client endured, the lawyer may turn to:

  • Expert testimonies and scientific presentations of the injuries and their implications
  • Leaflets of prescribed drugs meant to document therapeutic action and side effects
  • Testimonies from friends, family members, or other patients in similar situations
  • Previous cases that involved similar circumstances and settled conveniently.

Unfortunately, there is no universally accepted method for calculating pain and suffering damages. Some car accident lawyers multiply the economic damages by a number between 1 and 5. Others claim the amounts for which other similar cases settled. There are also lawyers who double the value of the economic damages.

In the end, there are almost no limits to the compensation a claimant can obtain for pain and suffering. Sure, the law caps claims against the government at $700,000. It also limits malpractice claims at $1.25 million. However, these limits rarely apply to car accident cases.

Pain and suffering compensations usually reflect the experience of Indiana car accident lawyers. The more experienced a lawyer is, the more money they will obtain for their client. Also, the easier the whole process will be for the claimant.

If you want to recover losses related to pain and suffering, waiting will not help your case. Getting in touch with a car accident attorney in Indianapolis will help. The sooner you do it, the sooner you will find out where you stand. Also, the more time you will have to prepare and document your claim.  If you like what you hear, you can hire the respective lawyer. If not, you can keep looking. At Rowe & Hamilton, we will do everything in our power to ensure your satisfaction.

Contact a Rowe & Hamilton Car Accident Attorney in Indianapolis now!

Would you like to find out how much money you can get for your pain and suffering? Do you need help preparing and filing your compensation claim? We will gladly provide all the support and advice you need.

To benefit from it, you should call our office at 317-482-7888 or reach out to us online. You are one step from receiving answers and advice from a dedicated Indiana car accident lawyer. Take that step now and let us work together to compensate your pain and suffering! Call Rowe and Hamilton, now. 

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