Articles

Is Pain and Suffering Awarded After a Minor Car Accident?

by Everspark Interactive Law Firm SEO

Car accidents can be due to a lot of reasons. Some of the common causes are distracted driving, speeding, rain, drunk driving, running stop signs, reckless driving, night driving, snow, ice, road rage, and the list goes on. If you have undergone a minor car accident, you might have wondered whether pain and suffering are awarded after a minor car accident? 


Minor car accidents are those with no severe injuries to the driver and no severe damage to the vehicle. An example can be minor dents on the back of the car due to a little fiasco. If you had an accident that was caused due to negligence of the other person and he is not willing to pay you for the injured car, you can contact a car accident lawyer Port St Lucie. He will fight for you and describe the procedure of filing for injuries.

Pain and Suffering After a Minor Car Accident

Pain and suffering in a car accident refer to two types of damages:

One is physical pain and suffering resulting from injuries and other detrimental effects from the accident. The other is mental pain and suffering. An accident causes physical pain and disturbs the victim mentally by raising negative emotions. These emotions include anxiety, anger, fear, humiliation, and mental anguish. The person may also lose enjoyment in life due to emotional distress. 

Can Pain and Suffering Be Awarded After a Minor Accident?

Pain and Suffering are not an option in the countries that use a no-fault system. But accident victims can claim injuries from compensation in countries with an at-fault system. 


So if you were injured in a minor car accident that was not your mistake, you have the privilege to claim for all the damages integrating pain and suffering. Yet you will have to bear the burden of drawing the case and proving your damages.  There is no fixed amount of pain and suffering. It depends on how the country calculates the damage. 

Calculating Pain and Suffering Damage

There is no rigid rule to measure the pain and suffering cost, but lost wages and medical bills are a plus point as they have an apparent dollar amount. Insurance companies measure pain and suffering costs by identifying the severity of the damage from an accident. They also check how long an injury lasts.


It is advisable to contact a car accident lawyer before filing the claim. He will work with you to get the best estimate, after which you can explain the amount to the insurance company. Car accident lawyer Port St Lucie ensures the victim claims his rights and gets compensation for the damages caused by the accident.

Proving Pain and Suffering Damage

Before claiming pain and suffering, you will need to observe keenly how the accident affected your life. 

It might have impacted you in the following ways: 

  • Movement limitation

  • Shock, anxiety, and fear from the accident

  • Interference of injuries in your routine life

  • Distress to family life

  • Inability to go to the job and earn 

  • Emotional pain to you or your loved one

  • Embarrassment due to scarring or disfigurement

  • Costly treatments and medical bills 


Most of the time, proving any two of these conditions is enough to demonstrate pain and suffering. It does not matter whether the accident is minor or major; it affects your daily life; that's why you deserve reimbursement for the pain and suffering that causes. 


Do not forget to record all the medical bills, physical therapy, doctor visits, and more. 

Sometimes, the insurance company, you, and your lawyer may not agree on the amount of pain and suffering injuries. Then the judges handle the case.  

By keeping track of all the expenses, it would be easy for the judge or jury to decide the amount of money that has to be awarded.

Verdict 

Remember that minor car accidents are not insignificant. Consider it essential to take your right when you deserve it. But your fault in the accident can affect your accident claim compensation, which is pretty fair. If you have 50 percent of respondents in the accident, pain and suffering will be reduced.

For example, if your economic and non-economic damages, including pain and suffering, were 100,000$ collectively, it was 25 percent your fault in the accident. You will be eligible to receive 75,000$ only. To save yourself from the burden of claim, you can hire a car accident lawyer Port St Lucie who will not only manage everything regarding the claim and guide you about it.



Sponsor Ads


About Everspark Interactive Junior   Law Firm SEO

0 connections, 0 recommendations, 4 honor points.
Joined APSense since, January 11th, 2021, From Atlanta, United States.

Created on Apr 28th 2022 10:25. Viewed 180 times.

Comments

No comment, be the first to comment.
Please sign in before you comment.