We all know that car accidents can cause serious physical injuries for which you may be able to collect compensation from the liable party. However, many people do not know that you may be able to collect damages for pain and suffering as well. The amount you can collect for pain and suffering from a car accident varies greatly depending on the severity of your accident and the injuries you suffered as a result.
It can be difficult to put a monetary value on what your pain and suffering is worth. A Duluth car accident lawyer from Barrios Virgüez can help you obtain maximum compensation for your pain and suffering. If you have been injured in a car accident, contact us as soon as possible so we can work to get you compensation for your physical injuries and your pain and suffering.
Understanding What Constitutes Pain and Suffering
Pain and suffering is a type of non-economic damage that can be sustained from a car accident. It can include your physical and emotional pain. Examples of pain and suffering that you may suffer after a car accident include:
- A long-term impairment that affects your daily life
- Your current and future physical limitations
- Constant physical pain
- Permanent disfigurement, such as scarring or amputations
- Loss of certain bodily functions
- Post-traumatic stress disorder (PTSD)
- Depression or anxiety
- Troubled patterns of sleeping or eating
- Loss of enjoyment of life
- Crushing fear or humiliation
It is important to journal how you are feeling daily after your car accident. Keeping a record of your physical pain and mental state can establish how your accident has caused you pain and suffering. It is also wise to seek medical treatment so your healthcare professional can document your physical and emotional injuries.
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Causes of Pain and Suffering from a Car Accident
Once you identify your pain and suffering, it is important to establish a link between it and your accident. This link will show that the party responsible for your accident is also responsible for your pain and suffering and other injuries. If any of the following links can be shown, there is a good chance that the at-fault party will be responsible for compensating you for pain and suffering:
- Your pain is a direct result of the injuries you suffered in your accident.
- The treatment you are receiving for your injuries is causing you additional pain.
- The pain from your injuries may be prolonged.
- You are suffering from mental distress that will affect your future.
Georgia law allows you to argue the worth of your pain and suffering. As such, it is important to identify all possible links between your injuries and the long-term effects they may have on your physical and emotional health. A Duluth car accident attorney can help you gather the evidence necessary to support your claim of pain and suffering.
Who May Be Responsible for Compensating You for Pain and Suffering After a Car Accident
Georgia is a fault state, meaning that the party liable for your car accident is responsible for compensating you for the injuries and other damages you suffered in the collision. These damages include your economic and non-economic losses. A car accident lawyer in Duluth can investigate your accident to determine who is liable for your injuries and how much you should be compensated for your physical injuries and your pain and suffering.
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Calculating Pain and Suffering from a Car Accident
In Georgia, there are two primary methods by which to calculate your pain and suffering from your car accident. These methods are the multiplier method and the per diem method. Explanations of these methods are as follows:
This method totals your economic damages and multiplies them by a certain variable, typically between 1.5 and five. The variable differs based on the severity of your injuries, how long it is likely going to take you to recover, and the impact of your injuries on your daily life. How easy it is to prove the other party’s liability may also affect the multiplier used in this method.
Per Diem Method
This method assigns a specific dollar amount and multiplies it by the number of days it takes you to recover from your injuries. More severe injuries will likely take longer to recover from. This method is often difficult because it can be challenging to estimate how long your recovery will take.
The insurance company will often choose the method that results in the lowest payment to you. However, there is no cap on damages in Georgia. Therefore, we will negotiate with the insurance adjuster and work to get you the most compensation possible for your pain and suffering and other losses.
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Factors that Can Alter Your Pain and Suffering Amount
There are several factors that can influence the amount of pain and suffering you receive. The main factors that will affect your pain and suffering damages include the severity of your injuries, the time it takes you to recover, and the impact of your injuries on your quality of life. Other factors include your pre-existing injuries and how much your injuries have affected your loved ones.
How to Prove Pain and Suffering After Your Car Accident
It is important to have strong evidence to support your claim of pain and suffering after your car accident. The more evidence you have, the more likely you are to receive pain and suffering compensation. Evidence that can prove your pain and suffering include:
- Photos of your injuries
- Medical records that show your treatment
- Testimony from family, coworkers, and friends
- Journal entries documenting your pain and emotional state
Retaining a car accident attorney in Duluth can be beneficial to your claim for pain and suffering. We know what evidence is important and how to obtain it. We can use it to negotiate with the insurance company or to present to a jury during trial.
Retain an Experienced Car Accident Attorney in Duluth to Get You Maximum Compensation for Your Pain and Suffering
Determining what the pain and suffering from your car accident are worth is difficult because there are many factors to consider when calculating non-economic damages. The insurance company will always try to pay you as little as possible for your injuries and pain and suffering. Schedule a free consultation with a Duluth car accident lawyer at Barrios Virgüez as soon as possible so we can begin working to get you maximum compensation for your pain and suffering and other injuries.