Can You Receive Pain and Suffering in a Car Accident Claim?
Pain and suffering is one type of compensation that you can try and recover in a car accident claim. The compensation is for the physical and mental pain that you experienced because of your motor vehicle collision. Note that you typically initiate a car accident claim with the insurance company of the driver that caused your injury. If you were injured in a car accident, please contact a skilled car accident attorney now for help.
What is Pain and Suffering?
“Pain and suffering” refers to one category of damages that you can ask for in a car accident claim. This type of damage award compensates you for the physical and mental pain that you experienced because of your motor vehicle crash.
“Physical pain” is pain from actual physical injuries. “Mental pain” is generally described as any negative emotion that you experienced because of an accident’s pain and trauma. Examples of mental pain include:
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Fear
- Humiliation, and
- Anxiety
Please note that the specific amount that you can recover for your pain and suffering will depend on the severity of your accident and injury. While catastrophic injuries can result in an extremely large pain and suffering award, minor injuries will typically result in smaller awards. It is usually wise to consult with a skilled car accident attorney to get an estimate of your potential pain and suffering damages.
How Do You Prove Pain and Suffering?
Pain and suffering is a slightly intangible concept. In other words, it is sometimes hard to place a specific price tag on this category of damages. However, you can usually help prove the extent of your damages via:
- Medical records,
- Witness statements (for example, family members who observe your pain or see your suffering),
- Diary entries, and
- Photos of your injuries.
Do Damage Caps apply?
Washington laws do not impose any caps on the amount of damages that you can recover in an auto accident case. The result is that, if you win your case, you can collect whatever amount of money the jury awards you for your losses. This is true unless the judge or a higher court reduces the award.
Can You Recover Other Types of Damages?
Most often, yes. Pain and suffering represents one category of damages that you can recover in a car accident claim. There are definitely others that you can receive in a claim settlement.
For example, you can often receive compensation for:
- Medical expenses,
- Lost wages,
- Lost earning potential,
- Out-of-pocket expenses, and
- Property damage.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an auto accident, please know that the Premier Injury Law Firm is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.