A lot of people get a lot of their legal information from watching movies and television. The problem is, movies and TV often get things wrong when it comes to the law. If you believe what you see on some of these shows, you’d believe that a claim for whiplash is worth millions. You may also think that pain and suffering is a guarantee.
In the real world, things are a little different. Yes, if you get in a car accident, you may have a claim for damages. However, this claim is only for damages you actually sustained. If you weren’t seriously hurt, you can’t expect to get a huge amount of money.
The other thing is that not all plaintiffs get pain and suffering. You have to actually suffer and experience a certain amount of pain in order to qualify for these damages.
Your local auto accident attorney can review your claim. He’ll let you know what it may be worth. He can also let you know what types of damages you can claim.
Do Attorneys Always Demand Pain and Suffering?
The easy answer to this question is yes, almost always. Most car accident cases involve quite serious injuries. These injuries can cause a lot of pain for the victim. However, this doesn’t mean that every car accident victim is entitled to pain and suffering.
Lawyers are very careful about what cases they accept. If a case isn’t worthy of any money. Why would a lawyer accept it? There are cases where the defendant’s insurance carrier pays a victim’s claim without question. If insurance has paid your claim, there is little chance that an attorney will want to take your case.
Accident lawyers like to review a case before they accept to represent a plaintiff. This is why they offer free initial consultations. They don’t want to waste your time or their time. If they don’t think you have a legitimate claim for damages, they’ll let you know.
If a car accident attorney takes a case, it’s because he thinks it has value. And, most car accident cases do involve a certain level of pain and suffering. So, if you have a case worth pursuing, chances are, it may involve a claim for pain and suffering.
How Will An Attorney Calculate Pain and Suffering?
If you are entitled to pain and suffering, your auto accident attorney will have to prove it. He can’t just demand pain and suffering and expect the defendant to pay. He has to submit evidence that you did indeed suffer.
Some of the factors that are used to calculate pain and suffering are:
- The extent of your physical injuries
- How long you were out of work
- Whether you can still play sports you played before the accident
- Are you able to engage in social activities like you used to?
- How long did your physical recovery take?
- Did you suffer any mental or emotional stress as a result of the accident?
The answers to these questions will determine how much pain and suffering you deserve. The amount will depend on a few things:
- Your age
- The time you’ve missed from work
- The extent to which your life has been affected by your pain and suffering
Our car accident attorney will fight to get you the compensation you deserve. He’ll have to prove that you suffered these damages.
Evidence of Your Pain and Suffering
There are different ways in which your accident lawyer can prove your damages. Some of the obvious ways are by submitting medical proof of your physical injuries. But there are other, less obvious ways to do this.
Some of the tactics your lawyer will use to prove pain and suffering include:
- Statements from your friends and family
- Testimony by your doctor
- Affidavits from a psychiatrist or psychologist
- Proof of your permanent disability
- Your own testimony
All of these things combined will demonstrate your level of pain and suffering.
Contact an Auto Accident Attorney Today!
If you’ve been involved in a car accident and think you’re entitled to damages, call and speak with a personal injury attorney today. He can review your case and let you know what your case may be worth. He can also let you know how strong your case is.
Schedule your free initial consultation now. It gives you a chance to ask any questions you may have. And, since you pay nothing until you win your case, you have nothing to lose.