How Are Pain and Suffering Calculated in a Car Accident Settlement?

Being involved in a traumatic car accident causes physical and emotional stress. Pain and suffering are legal terms used to describe the mental anguish and physical pain an accident victim has endured.

While a settlement cannot alleviate the symptoms of a traumatic accident injury, it can help a victim receive the necessary care to heal from their mental and physical injuries properly. When a car accident victim is permanently disabled or the accident was fatal, an auto accident settlement for pain and suffering can help ease the struggles for the accident victim’s family.

No one expects to be seriously injured due to another person’s driving mistake or other reckless action. When such an accident does occur, most people are unsure what to do. Apicella & Schlesinger Attorneys at Law is committed to representing our clients with the highest level of professionalism and walking you through every step of your case.

What is Considered Pain and Suffering?

“Pain and suffering” is a legal phrase that refers to both the physical and emotional injuries a victim suffers from after a traumatic car accident. It is considered a type of general damage. Unlike economic damages, such as lost wages and medical bills, general damages do not have an exact monetary value and are negotiated during a personal injury claim. While there are different types of pain and suffering, most typically are considered:

  • Physical pain and suffering
  • Emotional pain and suffering

Understanding Physical Pain and Suffering

Physical pain and suffering refers to the impacts of bodily injuries suffered in an auto accident. This includes aches, pains, and inflammation. These symptoms may be chronic and last for weeks, months, and years. Unfortunately, for some victims, the pain is permanent.

Some examples of physical pain and suffering that are often included in a car accident settlement include:

  • Fractures
  • Headaches
  • Soft-tissue damage
  • Nerve damage
  • Neck and back pain
  • Internal organ damage
  • Vertigo and tinnitus
  • Paralysis

Understanding Emotional Pain and Suffering

A car accident victim often suffers cognitive and psychological injuries, especially when the accident is traumatic. Mental repercussions of an auto accident generally start at the crash scene and may last for several years. In severe cases, emotional anguish may prevent the victim from living a normal, everyday life.

Some examples of emotional pain and suffering that are often included in a car accident settlement include:

  • Depression
  • Anxiety
  • Mental anguish
  • Insomnia
  • PTSD
  • Loss of enjoyment of life

The average car accident settlement for pain and suffering differs for each case. It can range from a few thousand dollars to half a million. The amount of compensation paid is based on the severity of the injuries, the timeline for healing, and the associated future medical costs for therapy.

Personal Injury Claim Lawyers NYC

If you or a loved one has been injured in a car accident, contact Apicella & Schlesinger Attorneys at Law. For over 45 years, we have been helping car accident victims and their families receive the financial compensation they need and deserve.

We have recovered millions of dollars for our clients. Call now for your free consultation with one of our seasoned attorneys.

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