Charlotte Injury Lawyers Blog
Can I Get Money for Pain and Suffering in a North Carolina Car Accident Case?
Car accidents can result in severe injuries. Even somewhat minor injuries may require surgery and long-term recovery. The negligent driver is responsible for all damages that the victim incurred as a result of an accident. Damages include actual medical bills and lost wages, and they may also include non-economic damages, as well. If you were injured in a car accident that was not your fault, you may be entitled to compensation. Contact our legal team to discuss your options and get help through the process.
What are Pain and Suffering Damages?
It is helpful to understand the definition of pain and suffering. Pain and suffering is a term that refers to non-economic damages that a victim may incur as the result of negligence. Pain and suffering might include such things as physical pain and discomfort, inconvenience, loss of enjoyment of life, and emotional trauma, among others. It could include anguish caused by the inability to return to your regular activities. Pain and suffering damages are not as easily calculated as economic damages because they are somewhat subjective. Therefore, a judge needs to evaluate the evidence to determine the damages related to pain and suffering.
Charlotte Personal Injury Attorney Brad Smith answers the question: ” Do I have to pay a fee to meet with an attorney about my personal injury case?”
Damages in a Car Accident Claim
There are two main categories of damages in car accident claims, including economic and non-economic. Economic damages are also called compensable damages. Pain and suffering is a type of non-economic damages. You will need to present evidence that you suffered some type of pain and suffering in order to receive compensation. Some types of evidence could include testimony from a doctor, counselor, or therapist. Common forms of pain and suffering may be ongoing headaches, back pain and other pain, reduced or loss of motion, sleep disturbances, PTSD, anxiety, loss of appetite, mood swings, and more.
Compensation for Pain and Suffering
Every accident case that involves pain and suffering is different. There is no set formula that the judge can use to determine compensation for pain and suffering. Pain and suffering may have a link to actual economic damages, but there is no actual rule for calculation. Instead, the judge must review the specific details of your claim to decide how to order compensation for your non-economic damages. Some people think that they should receive about twice the amount of their medical bills in pain and suffering, but this is just a rough estimate. It does not reflect the actual compensation that a judge may order. For example, in some cases, your pain and suffering could be amplified because of the physical limits that your injury will put on your ability to return to work in the future.
Pain and suffering are real damages for which you may deserve compensation. It is helpful to discuss the accident with a personal injury attorney to learn more about what to expect from your claim. To learn more about accident claims, contact our skilled attorneys. Call (704) 370-2828 to receive a video, phone or in-person consultation with our lawyers to explore your legal options or fill out our contact form. Now taking cases throughout North Carolina and South Carolina.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
pain and suffering | Wex | US Law | LII / Legal Information Institute (cornell.edu)
Posttraumatic Stress Disorder (PTSD): Symptoms, Diagnosis, Treatment (webmd.com)
Image Credit:
crash car Free Photo Download | FreeImages
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