Even if there was an average pain and suffering settlement for car accidents (which there isn’t), this would have no bearing on your case. Every personal injury case is unique and judged based on its own circumstances. So, the value of your pain and suffering will depend on multiple aspects of your situation, including your injuries and mobility.
Our law firm can calculate the value of your pain and suffering. We can use your testimony, medical records, and other supporting documents to aid in our calculations.
These Factors Determine the Value of Your Pain and Suffering
Every insurance company has a different way of calculating pain and suffering. Some base their determinations on the days in your recovery period. Others use your missed time from work.
Regardless of how the liable insurer in your case calculates pain and suffering, these factors will play a role in its value:
- The severity of your condition. The more severely you’re injured, the more you can pursue for pain and suffering. A broken bone will likely merit more damages than a sprained ankle.
- Your missed time from work. If your injuries caused you to miss significant time from work, putting a strain on your financial resources, you could see that translated into your pain and suffering.
- Your recovery period. The time it takes for you to reach maximum medical improvement (MMI) could be factored into your pain and suffering.
- Your mental health. If you developed anxiety, depression, or post-traumatic stress disorder (PTSD) as a result of your condition, you could get more for pain and suffering.
- Whether you lost a loved one. You could pursue pain and suffering if you lost a loved one in a car accident. Your relationship, among other factors, will determine its value.
We may take other considerations into account when calculating your pain and suffering.
For a free legal consultation, call 800-777-7777
Why don’t We Know the Average Value of Pain and Suffering After a Car Accident?
Here’s the thing: most settlements are confidential. When someone accepts money from the insurance company, they sometimes sign a waiver agreeing not to disclose the amount publicly. In other cases, claimants get payment in a lump sum, so they don’t know the exact value of their pain and suffering.
Don’t be dismayed because this exact number isn’t available. With our team on your side, we’ll fight for the money you deserve.
What Other Damages Can You get Besides Pain and Suffering?
In addition to pain and suffering, you could pursue the following losses:
- Mental health
- Loss of consortium
- Impaired quality of life
- Scarring and disfigurement
- Medical bills (both past and future)
- Lost income and loss of future earning capacity
Even though most cases are resolved through insurance negotiations, according to the American Bar Association (ABA), you might need to file a lawsuit to recover compensation. In this instance, you generally have two years from the date of the crash to file, per Texas Civil Practice and Remedies Code § 16.003.
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Is There a Limit for Pain and Suffering in Texas?
Texas only places caps on pain and suffering in medical malpractice cases. So, if you were hurt in a car accident, there’s no limit to what you can request. It’s worth noting, though, that not all insurance policies cover pain and suffering. In these instances, filing a lawsuit may be necessary.
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How Can Our Team Pursue Damages Following a Car Accident?
Our team will undertake the following obligations for you:
Negotiating a Settlement
Once we identify the liable party, we’ll use our network of resources to seek fair compensation. We’ll write and send your demand letter, listing the cost of your damages and the details of the crash. From there, we’ll manage all subsequent negotiations. If the insurance company doesn’t want to settle, we’ll file a lawsuit.
Gathering Your Case’s Evidence
We can use the following information to prove certain aspects of the crash:
- Your imaging scans, medical records, and prescription medications
- Testimony from your healthcare team and accident reconstruction specialists
- Black box data
- Traffic camera footage
- Photos of the accident scene
- The police report
- Statements from eyewitnesses, including other passengers in your vehicle
These items can also attest to the value of your pain and suffering.
Filing Your Car Accident Lawsuit in Civil Court
We can manage your lawsuit by:
- Managing all depositions
- Cross-examining the other party’s witnesses and field experts
- Presenting your losses to the presiding judge
- Communicating with the other party’s legal team
- Objecting to any unfair motions
- Protecting you from unfair legal practices
We are confident in our abilities to resolve your case via an insurance settlement or court award.
Call the Strong Arm for a Free Case Review
Loncar Lyon Jenkins can recover compensation for your accident-related damages, including pain and suffering. Your first case review is free and comes with no obligation. To get started, dial (800) 777-7777.