In car accident cases, you will often hear the term "pain and suffering," and this term refers to damages you can receive that are above and beyond the damages you receive for the actual monetary cost of the car accident. If you are settling a case and want to maximize your settlement, you may want to try to collect money for pain and suffering, and here are several things you should know about doing this.
The basic principle of pain and suffering
Pain and suffering is a very general term when used in reference to car accidents, as it can mean a lot of different things. One thing it can mean is the actual pain you feel after getting injured. This type of pain can decrease life satisfaction and can make life less meaningful. Pain and suffering can also refer to the emotional stress and trauma you experience from a car accident. For example, do you have nightmares? Are you afraid to get in a car to go to places? Do you have flashbacks from the accident? These are all forms of pain and suffering, and you can request compensation for it if you struggle with these types of issues.
The challenges of requesting it
There are two main challenges you may face when requesting compensation for pain and suffering after a collision. The first challenge is that it can be hard to prove. After all, pain and suffering is not something that has tangible proof, as it is more about feelings. The second challenge you may face is trying to put a dollar amount on it. It is not easy to determine how much a person is really suffering after an accident, which makes this part of your settlement more challenging.
The methods used to calculate it
While there are several ways you can calculate an amount to place on your pain and suffering, the multiple method is the most common method used. With this method, you place a value on your pain and suffering by multiplying a certain percentage times the value of the other damages you are collecting. This is just one option, though, and the amount you receive will be dependent upon the severity of the injuries, as well as the documentation you have to prove that you are suffering from it.
If you are not sure if you would qualify for pain and suffering compensation, talk to a personal injury lawyer to find out.
To learn more about personal injury cases, contact a lawyer like Kilgore Smith LLC.