There is not an average settlement for pain and suffering in car accidents because pain and suffering is so subjective, and there are so many variables that cause different results in such accidents. One person might only suffer bruises, while another could have lost a limb.
Measuring Pain and Suffering After a Car Accident
Pain and suffering is an intangible loss that the average person would have difficulty assigning a value to. However, it is possible. Other intangible losses car accidents create include:
- Loss of enjoyment of life
- Loss of limb
- Mental anguish, like anxiety and depression
Other losses are easier to pursue, as they have a predetermined value and you can provide receipts for them. These damages include:
- Medical costs: Hospital visits, prescriptions, mobility devices like crutches, surgeries, treatments, therapies, etc.
- Vehicle repair: The accident could have damaged your vehicle.
- Lost wages: You could have had to take time off work to recover from your injuries, causing you to miss out on paychecks, bonuses, tips, or other benefits.
- Reduced future earning capacity: You might not be able to make as much money as before the accident because of physical limitations preventing you from working as many hours or because you had to take on a lower-paying job.
You can add up all the values of these separate losses to get a total value, which is the figure you will present to the insurance company.
For a free legal consultation, call (404) 888-8888
Factors That Can Worsen Pain and Suffering in a Car Accident
Minor accidents will not result in the same amount of pain and suffering as other kinds of accidents. These factors can create high levels of pain and suffering:
- Collisions at high speeds
- Accidents with heavier commercial vehicles
- Weather conditions like pouring rain that makes the roads slick and causes vehicles to slide
- If you were not wearing a seatbelt
- Where your vehicle was hit (e.g., being T-boned on the driver’s side might harm a driver more than a rear-end accident)
You Can Retain a Lawyer With Our Firm to Calculate Your Case Value
After an accident, you might not be in a position that could allow you to spend hours out of the week fighting for damages. Place your case in the hands of a legal professional who does this every day.
Besides helping you calculate a settlement value, your lawyer can:
- Negotiate with the insurance company for a settlement
- Stand with you in court, if the need arises
- Hunt down evidence that supports your case
- Interview eyewitnesses to the accident
- Recruit medical expert witnesses to testify to the severity of your injuries
- Recruit accident reconstructionists to attest to how you were injured
- Investigate how your accident occurred
- Gather documents that affirm your testimony
How Your Accident and Resulting Pain and Suffering Could Have Occurred
Your car accident could have happened because of the negligence of any of the following parties:
- Another driver was negligent: The other driver involved in your accident could have been driving drunk, drowsy, distracted, or recklessly.
- The employer of the other driver was negligent: If you were hit by a truck, the trucking company might have encouraged the driver to speed or drive drowsy.
- A municipality could have been negligent: The party responsible for keeping the road in good working condition could have failed to move debris out of the road or replace a stolen speed limit sign.
- A mechanic could have been negligent: A repair worker could have failed to replace a part properly and caused a malfunction.
- The car’s manufacturer could have been negligent: The company could have sold the vehicle knowing that a party was faulty (or they should have known).
Your lawyer can help you secure pain and suffering damages regardless of how you were injured.
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Things to Know About Car Accident Cases
Insurance companies might not give you a settlement that covers all of your losses. At that point, you would need to file a lawsuit. The American Bar Association (ABA) states that most cases do not make it to court after the lawsuit is filed. You can still keep negotiating for a settlement after filing, but you will direct your communication to the other party’s lawyer instead of the insurer.
If you want to file a lawsuit in Georgia, you have to do so within two years of the accident date due to the statute of limitations imposed by O.C.G.A. § 9-3-33.
Bader Scott Injury Lawyers Are Waiting to Hear From You
Our firm can help you secure a settlement for pain and suffering after a car accident, as well as for other damages. Despite there not being an average for losses of this kind to compare your accident to, we can assign your pain and suffering a value.
Call Bader Scott Injury Lawyers at (404) 888-8888 to learn more about how we will handle your case in a free consultation.