Car accident claims seem to be straight-forward at first. The first thing that comes to mind is compensation for the damages to one’s vehicle.
The second thing to account for is pain and suffering. Where damages can be easily accounted for and documented, pain and suffering are far less specific and harder to prove.
That fact can make it difficult to get an accurate car accident payout. You should be compensated for damages to your vehicle in addition to the emotional and physical stress placed upon you by the event.
We’re going to cover how you should approach your car accident payout in order to get what you rightly deserve. Whether you’re hit by an intoxicated driver or involved in a hit and run, it’s crucial that you get what you’re owed.
Pain and Suffering in Your Car Accident Payout
Pain and suffering are two experiences that don’t have a finite definition and are difficult to quantify. Not all car accident claims involve pain and suffering as it isn’t always present.
So, just because you have been the victim of a car accident doesn’t mean that you’re eligible for a pain and suffering payout. People do deserve payouts in a lot of cases, though. Green Broillet & Wheeler, LLP has a few examples of successes on their site that you can look over.
In order to tell whether or not you’re entitled to these payouts, there are a few things to consider.
1. Medical Costs
The most direct metric we have of accounting for pain and suffering are the medical costs associated with your injuries. These are documented by the hospital and you’re entitled to repayment if you’re the victim of the crash.
2. Subjective Pain and Suffering
Because the ideas of pain and suffering are so subjective and everyone interprets events differently, there has to be some measure used to quantify these things in a fair way.
The actual physical injury is typically used in accounting for pain and suffering. So, the more severe the actual injury, the more money you will be entitled to in your payout. If the injury is permanent, you will be liable for a higher amount of money as well.
In many cases, there is a five-point scale used to determine pain and suffering. So, a scale from one to five is used to estimate what you’re owed. Something small like a broken finger could be a one, while something permanent and lasting would be a five.
Once that number is determined, your medical bills are used as a multiplier against the rating you get. So, if your medical bills total 10,000 dollars and your rating is a 5, your pain and suffering payout would be 50,000 dollars.
States Vary in Payouts
The state you live in will have a big effect on whether or not you get pain and suffering payouts. If your states a “no-fault” state, you are not liable to personal injury payouts or pain and suffering costs.
The specifics will vary, so it’s important to know the guidelines in your state before you do any work to prepare a claim.
Need a Legal Brush Up?
Car accident payouts, just like most other legal situations, are difficult to understand. Knowing what you’re entitled to and having a course of action can be the difference between fair compensation and serious loss.
Browse our site to get acquainted with some legal issues that you should be aware of.