The methods used to determine pain and suffering after a car accident vary and depend on the specific needs of each client. A Los Angeles car accident lawyer can review all the losses you sustain in an accident to decide on a fair value for these non-economic losses.
Depending on your situation, the funds you receive for your pain and emotional suffering could exceed your compensation for your medical expenses and other losses. You may receive these funds if a lawyer can connect your non-economic losses to the accident.
Can You Get Compensation for Your Pain and Suffering?
You may qualify for funds to cover the pain and mental anguish that you experience after a motor vehicle collision. These losses do not have a set dollar value; instead, a Los Angeles personal injury lawyer will consider your situation and determine how much compensation you should receive for these accident effects.
You may also qualify for other forms of non-economic compensation. For example, your attorney may help you secure funds to cover your:
- Emotional distress
- Loss of companionship
- Loss of consortium
A lawyer can go over all the non-economic losses you can request and explain how pain and suffering are determined in a car accident claim.
How Much Compensation Do You Get for Pain and Suffering?
The value of your non-economic losses will vary based on your personal experience. Each individual who sustains injuries in a car accident will face different losses, so you should contact a lawyer to discuss the specifics of your situation.
The insurance company may also try to downplay the emotional anguish and mental pain you experience to avoid covering all of your losses. Your attorney can fight these attempts, striving to ensure that you receive maximum compensation.
Can You Get Compensation for Pain and Suffering for a Fatal Accident?
Your family may qualify to receive non-economic damages after the loss of a loved one in a deadly accident. Filing a wrongful death claim may allow you to seek funds to cover the loss of your loved one’s:
- Comfort, care, and companionship
- Assistance, moral support, guidance, and protection
- Love and affection
A Los Angeles wrongful death lawyer can provide you with more information about these losses and support your family during this challenging time.
Who Has to Pay for Your Pain and Suffering After a Crash?
The party that holds responsibility for causing your car accident should have to cover the non-economic effects of the crash. For example, an attorney may pursue funds from another driver who:
- Runs a red light and T-bones your vehicle
- Swerves between lanes while passing other drivers and hits you head-on
- Tailgates you during stop-and-go traffic and rear-ends your car
Your attorney will need to identify the liable party and demonstrate that they caused your crash to bring you compensation for your pain and suffering. Generally, a lawyer must show that someone else owed you a duty of care, violated that duty, and directly caused your crash.
You can contact a law firm now so a lawyer can begin a thorough investigation and explain how to determine pain and suffering in a car accident claim.
Do You Need a Lawsuit to Get Compensation for Pain and Suffering?
You may secure compensation for all the losses you sustain in a car accident without filing a personal injury lawsuit in some situations. Instead, your lawyer may enter negotiations with the insurance company that represents the liable party to bring you the funds you need to cover your pain and suffering.
Settling with the insurance company can provide you with compensation for all of the losses caused by your crash. However, insurance companies may refuse to provide fair settlement offers in some cases.
In these circumstances, you can turn to your lawyer for help filing a lawsuit against the liable party.
How Long Do You Have to Request Compensation for Pain and Suffering?
Generally, you need to file your claim for compensation within two years of your accident. If you wait too long, the California statute of limitations will expire, preventing you from securing funds for your medical bills, pain, suffering, and other losses.
How Long Does it Take to Get Paid for Your Pain and Suffering?
The time it takes to resolve your legal claim will depend on numerous factors. In cases that involve clearcut liability, a lawyer may wrap up settlement negotiations in only a few months. More complex cases could require longer negotiations or a lawsuit.
Filing a lawsuit generally takes longer than negotiating with the insurance company. Going to court could take a year or more.
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Talk to Us About Determining Pain and Suffering for Your Car Accident
So, how is pain and suffering determined in a car accident? The steps lawyers take to calculate the value of these non-economic losses will vary based on the specific needs of each client. Our team at Omega Law Group Accident & Injury Attorneys can review your situation and provide information about the funds available to you.
You can learn more by calling or completing our online contact form.
