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How Does Pain and Suffering Get Calculated for My Car Accident Lawsuit?


Car accident victims typically experience two different types of damages.

One type of damage is called Economic damages and relates to actual expenses incurred by the victim, like a hospital bill or a vehicle repair estimate. Non-economical damages are harder to calculate because they relate to non-tangible harm like pain and suffering. Here’s what you should know about calculating pain and suffering for a lawsuit.

What Are Economic Damages?

A motor vehicle accident claim is built on basic, or economic damages. This includes calculable expenses like hospital bills, physical therapy, lost wages, and any vehicle repairs or replacement that is needed. These are simple to quantify because you will usually be sent paper bills or statements that show how much you owe for what type of service. Submit itemized receipts of these expenses to your attorney to have them added to your settlement value.

What Are Non-Economic Damages?

If another driver caused an accident that hurt you or a loved one due to negligence, you should be provided with some amount of financial compensation for emotional and physical suffering. However, how much you are awarded generally depends on the extent of your injuries and the degree to which they impaired your life. The more severe the injury and the more difficulty you had returning to daily activities, the greater your pain and suffering compensation should be.

How Judges Calculate Non-Economic Damages Such as Pain and Suffering

Pain and suffering are non-economic, meaning that there’s no hard dollar value assigned to them. How much your pain is “worth” is open to interpretation. Attorneys may assign a dollar amount for every day that you had to live with pain (and every day in the future you are expected to live with pain), or they may multiply your economic damages by a certain amount. Your attorney should speak with you about what evidence you have, such as photographs, that will show the severity of your injuries and illustrate the suffering you endured.

Get Help Today from an Experienced Car Accident Attorney

Don’t compromise your case by waiting to get legal help after being hurt in a car accident. You or your loved one could be eligible to collect financial restitution to cover the financial expenses and emotional and physical suffering caused by the incident. Personal injury attorney Frank D. Butler can help. Call today to get the legal advocacy you need after a devastating accident at 800-253-2531. We’re standing by to assist you.

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