Even if there were an average pain and suffering settlement for car accidents (which there is not), this would have no bearing on your case. Every car accident 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 and answer your questions, like, what is the average pain and suffering settlement for a car accident? We can use your testimony, medical records, and other supporting documents to aid 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 car accident claim calculates pain and suffering, these factors will play a role in its value:
- The severity of your condition: The more severely you are injured, the more you can pursue for pain and suffering. For example, 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) due to 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.
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Why don’t We Know the Average Value of Pain and Suffering After a Car Accident?
Here is 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 do not know the exact value of their pain and suffering.
Do not be dismayed because this exact number is not available. With our car accident lawyer on your side, they will 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 intangible losses:
- Mental health issues caused or worsened by the accident, like chronic anxiety or depression, or post-traumatic stress disorder (PTSD).
- Loss of consortium means getting deprived of the benefits of a family relationship because of injuries or death of a loved one.
- Impaired quality of life, for example, living in severe pain, can decrease the enjoyment and quality of one’s life. No longer being able to walk or pick up your child could reduce the enjoyment or quality of your life.
- Disability means that impairment from your injuries limits your functions and prevents you from supporting yourself through gainful employment, living independently, or performing things like your medical treatments and personal care without assistance.
- Scarring and disfigurement, for example, significant burns, lacerations, or amputations.
Your economic losses could include things like:
- Medical bills (both past and future): This covers the healthcare services you need to treat your wounds and residual impairment. For example, the ambulance, emergency room or trauma center, hospital, doctors, surgery, imaging studies like x-rays or MRIs, physical therapy, blood transfusions, and pain management could be included.
- Lost income and loss of future earning capacity: This category covers three time periods: when you could not work after the collision because you were recuperating from your wounds, when you returned to work with limited duties and hours, and going forward, if you cannot make as much money as before your injuries.
- Equipment and modifications: Depending on the severity of your injuries and lingering impairment, you might need to use a wheelchair or other mobility equipment. In that situation, you might need an adapted vehicle and home modifications for accessibility.
- Long-term care: After suffering a catastrophic injury like spinal cord damage or a traumatic brain injury, some people can no longer live independently. They need to reside in a long-term care facility because they need daily assistance with medical treatments and personal care.
The extent of your economic damages can help to paint a picture for the jury of what you endured because of the car accident. This information can persuade the jury that monetary damages for pain and suffering are justified and appropriate.
Even though most cases are resolved through insurance negotiations, according to the American Bar Association (ABA), you might need to file a car accident 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 Settlement 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 is no limit to what you can request. It is 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 legal team will undertake the following obligations for you:
Negotiating a Settlement
Once we identify the liable party, we will use our network of resources to seek fair compensation. First, we review our jury verdict database to determine how much money a jury would be likely to award in your case. Then, we use that information when determining the settlement value of your case and negotiating with the at-fault driver.
We will write and send your demand letter, listing the cost of your damages and the crash details. From there, we will manage all subsequent negotiations. Finally, if the insurance company does not want to settle, we will file a lawsuit.
Gathering Your Case’s Evidence
We can use the following information to prove certain aspects of your 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:
- Drafting the initial pleadings and filing the lawsuit
- Engaging in the discovery process to learn the strengths and weaknesses of the other side
- Gathering the evidence to prove your case to the judge and jury
- 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
- Representing you at trial and arguing your case for money damages to the judge and jury
- Handling any post-trial motions or possible appeal
We are confident in our abilities to resolve your car accident case via an insurance settlement or court award. Whichever route your case takes, we will be there by your side every step of the way. You do not have to face this experience alone.
Call the Strong Arm for a Free Car Accident Case Review
Loncar Lyon Jenkins can recover compensation for your accident-related damages, including pain and suffering. We have helped thousands of families pursue money damages for their injuries. In addition, our clients get to focus on their health and well-being because they know that we are taking care of their legal matters.
If we handle your car accident injury case, you will not have to pay any upfront legal fees. We handle these matters on a contingency fee basis, which means that we do not get paid until you win compensation. Your first case review is free and comes with no obligation. To get started, contact us today.