How are Pain and Suffering Damages Calculated in a Car Accident?

If you get into a car accident, you may be lucky and walk away with only minor injuries. Unfortunately, some people get seriously hurt in these accidents. They end up a broken back or even a traumatic brain injury. Some of these injuries can be very painful. It is these types of injuries that warrant plaintiffs pain and suffering damages.

Any car accident victim may have a claim for damages. If you suffer damage to your car, you can demand that the other driver’s insurance policy cover them. Or, if you have medical bills from your hospital visit, the defendant should be held responsible. However, there are times when regular damages just aren’t enough.

Car accident lawyers in Indianapolis know how to get their clients the compensation they’re entitled to. They’ll review your case and determine who was at fault. They’ll also look at your medical records to see how bad your injuries were. All of this information will help them determine what kinds of damages to demand in your accident claim.

Who’s Entitled to Pain and Suffering?

Despite what a lot of people think, most car accident victims aren’t automatically entitled to pain and suffering. In any lawsuit, you can only demand damages for the injuries you’ve actually sustained.

For example, if you’re rear-ended and suffer only whiplash, you can’t expect to get more than a few thousand in damages. And even then, there’s no guarantee you’ll get that much. Something like whiplash heals itself rather quickly. It doesn’t require things like surgery or physical therapy. And the pain involved is rather minimal when compared to other, more serious injuries.

Your car accident lawyer in Indianapolis has to prove that you suffered actual pain in order to get you pain and suffering damages. There are different ways to do this. An experienced car accident lawyer in Indiana should be able to get you the compensation you deserve.

How to Prove Pain and Suffering

In order to convince a jury that you’re entitled to pain and suffering, you need to prove that you actually did suffer. Some of the ways your Indianapolis car accident attorney will do this is by introducing the following evidence:

  • Proof that you’re no longer able to do the same kind of work you did before the accident
  • Medical records showing how bad your injuries really were
  • Testimony from friends and family showing that you can’t enjoy life the way you used to
  • Proof that you can no do things like play sports, socialize or play with your children
  • Evidence that you are suffering from depression, anxiety or PTSD

All of these things, along with your own testimony, can help show a jury (or insurance company) that you’re entitled to pain and suffering damages.

Your Pain and Suffering Damages May Make Up a Large Part of Your Settlement

If you’re injuries were serious enough, your pain and suffering may make up a lion’s share of your damages. When you first meet with your Indianapolis car accident lawyer, they’ll review your case. They’ll want to determine how valuable your case is in order to decide if they want to represent you.

Some of the things your attorney will look at include:

  • Review the police report to see what their investigation found
  • Ask you what happened
  • Look at your medical records (if you have them) to see what kind of injuries you’ve suffered
  • Look at any receipts you have for repairs to your car
  • Out of pocket expenses and receipts

This will give them an idea of what kind of case they’ll be dealing with. It also helps them determine what your overall damages will be. In addition to pain and suffering damages, you’ll probably be entitled to the following:

  • Medical bills and future medical bills
  • Lost wages
  • Lost future earnings
  • Property damage
  • Permanent disability

These damages can typically be calculated rather easily. Once your attorney does this, they’ll look to see how bad your physical and mental anguish is. The general rule is that, if your accident was serious enough, your pain and suffering damages will be worth about three times as much as your other damages combined.

Contact an Experienced Car Accident Lawyer in Indianapolis

If you’ve been seriously injured in a car wreck, you need to contact an experienced car accident lawyer in Indianapolis. They can review your case and let you know what it may be worth.

Call Rowe & Hamilton today and schedule your initial consultation, It’s absolutely free and you pay nothing until you settle your case.

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