Can You Recover Pain and Suffering Damages After a Rideshare Accident?
Rideshare accidents involving Uber, Lyft, and other services can leave victims with more than medical bills and lost income. A serious crash may cause ongoing pain, emotional distress, sleep problems, anxiety, and significant disruptions to everyday life. If another party was responsible for the accident, you may be able to seek compensation for these losses through pain and suffering damages.
Understanding how pain and suffering is evaluated can be especially important in a rideshare accident claim because these damages do not come with a simple price tag.
What Does Pain and Suffering Include?
Pain and suffering generally refers to the physical and emotional effects of an injury. Unlike economic damages such as medical expenses or lost wages, these losses are considered non-economic damages because their value cannot be established simply by adding up bills and receipts.
Depending on the circumstances, pain and suffering damages after a rideshare accident may include compensation for physical pain, emotional distress, anxiety, loss of enjoyment of life, sleep difficulties, scarring or disfigurement, and limitations on normal activities.
For example, a passenger who suffers a serious back injury may recover compensation for medical treatment and missed work. But the claim may also account for chronic pain and the inability to participate in hobbies, exercise, family activities, or other parts of life the person enjoyed before the accident.
How Is Pain and Suffering Calculated?
There is no universal formula for determining the value of pain and suffering in a rideshare accident claim. Insurance companies and attorneys typically consider several factors, including the severity of the injuries, length of recovery, amount of medical treatment required, whether the injuries are permanent, and how significantly the accident has affected the victim’s daily life.
Documentation can play an important role. Medical records may establish the nature and severity of an injury, while photographs, treatment notes, testimony from family members, and other evidence can help demonstrate how the injury has affected the person’s quality of life.
Who Pays Pain and Suffering Damages in a Rideshare Accident?
Determining which insurance policy applies can be one of the more complicated parts of an Uber or Lyft accident claim. Potential sources of compensation may include the rideshare driver’s personal auto insurance, insurance maintained by the rideshare company, or another driver’s insurance.
The coverage available can depend on what the rideshare driver was doing when the accident occurred, such as whether the driver was waiting for a ride request, traveling to pick up a passenger, or transporting a passenger.
Protecting Your Right to Compensation
Insurance companies may challenge pain and suffering claims by arguing that an injury is less serious than alleged, resulted from a pre-existing condition, or does not significantly interfere with daily activities. Consistent medical treatment and thorough documentation can therefore be important when pursuing a claim.
If you were injured as a passenger, driver, pedestrian, bicyclist, or occupant of another vehicle in a rideshare accident, you may have the right to pursue compensation for both your financial losses and the personal impact of your injuries. A rideshare accident attorney can investigate the crash, determine which insurance policies apply, document your damages, and pursue compensation for the full extent of your losses.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation 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.