If you were in a car accident that someone else caused, a car accident attorney can help you recover compensation
for the damages you suffered.
One of the damages you’ll probably seek is pain and suffering.
So, what exactly are pain and suffering? How do you recover compensation for damages in this category? And how much can you get for pain and suffering resulting from a car accident?
Below, we’ll take a look at this topic in more detail.
What Is the Definition of Pain and Suffering?
According to the law, you are eligible to recover both economic and non-economic damages after a car accident caused by the other driver’s gross negligence. Pain and suffering is a type of non-economic loss that you can recover. This category covers physical and mental distress suffered from an injury.
For example, it may include:
- Broken bones
- Internal injuries and bleeding
- Temporary or permanent disability
- Depression
- Embarrassment
- Potential shortening of life
- Aches and pain
Basically, it covers most of the suffering you’ll feel, internally and externally, after a car accident.
How Do I Prove that My Pain and Suffering Is Real?
In any personal injury claim, you must provide proof of the injuries and damages you suffered before you can recover compensation.
To prove that you endured pain and suffering, you’re going to need some hard evidence, which might include:
- Medical records and bills to prove what physical pain you endured and how much it cost you physically and economically.
- Documentation of lost income to show how much you lost per day by taking time off work to recover from your injuries.
- A journal of the inner struggles you endured after your accident, including things like depression, nightmares, or embarrassment from scarring and disability.
- Witness statements from those who witnessed your accident and from family members and friends who can attest to the internal and external pain and suffering you went through.
After you’ve been in an accident, do your best to keep all records and receipts that you get from medical treatment or property repair. Start a journal immediately so that you don’t forget any important details. You might be surprised at how quickly you forget things you thought you never would!
In addition, make sure you reach out to a personal injury lawyer as soon as you can. A personal injury lawyer will help you calculate the amount of pain and suffering you can recover and help you gather the appropriate evidence to prove your claim.
Who Will Compensate Me for My Pain and Suffering After an Accident?
In most states, including Texas, anyone who is 50 percent or more responsible for the accident should compensate those in the accident who were less than 50 percent responsible. So, if you were in an accident where you didn’t do anything wrong (hit by a drunk driver or distracted driver, for example), you can receive compensation from the responsible party.
It can be hard to prove who actually caused an accident, so get help from a lawyer as soon as you can. Your lawyer will also help you negotiate your settlement with the insurance company of the responsible party (i.e. the defendant).
Most insurance companies will make you a very low initial offer because they don’t want to pay more than they must. Don’t accept the initial offer until you’ve discussed your claim with a personal injury lawyer.
How Long Will It Take to Get Compensation for My Pain and Suffering?
The amount of time it will take to get compensation will vary significantly depending on your case. As you probably know, most cases settle out of court. However, if you do have to go to court with your case, the process may take longer.
In most states, Texas included, you need to bring your claim before two years have passed following your initial accident. To make sure you get the compensation you deserve, you should bring your claim to the attention of a personal injury attorney as soon as possible. Once they have helped you determine how much your pain and suffering and other damages are worth, you can get started on your claim.
If you have more questions about your pain and suffering and how to get paid in your case, reach out to a car accident lawyer for more information.
