Pain and suffering covers a wide range of trauma caused by car accident injuries. It can cover physical pain, which can be debilitating and massively impact a victim’s mobility and completely alter their quality of life. This pain can result in a stack of medical bills and can potentially leave a person unable to work and earn wages. Truck accidents often have more severe consequences due to the weight and size of the vehicle having a bigger impact, so it’s likely injuries as a result of truck accidents will worse than that of car accidents.
As a victim of a truck accident, you should be entitled to claim pain and suffering damages for both your physical suffering and emotional trauma. However, it is difficult to determine the amount of compensation you could be entitled to for pain and suffering, as it depends on the case at hand.
If you are a victim of a truck accident, you can contact The Law Place today to discuss your entitlement to claim damages for your pain and suffering as a result of the accident. Our law firm in Florida has over 75 years of combined experience in dealing with accident cases similar to yours. One of our lawyers will be able to answer your questions and give you all the legal guidance you may be seeking. Call us today for a free consultation at (941) 444-4444.
What Is a Pain and Suffering Claim?
If you suffer a car accident involving a truck, gaining compensation for pain and suffering is usually part of a negligence claim against another person or a company. Damages are generally grouped into either economic damages (medical bills, lost wages, etc.) and non-economic damages (including pain and suffering.) Therefore, as a victim of a car accident, you can be entitled to compensation for pain and suffering.
Another aspect of trauma a person can suffer as the result of a car accident involving a truck is emotional suffering. Physical pain can be debilitating for a victim, but it can also impose intense forms of depression and anxiety. Even when the pain from the injuries a victim of a car accident suffers subsides, the emotional turmoil is often longer-lasting. For example, a car accident that results in a person wheel-chair bound can have huge implications on the victim’s mental health. An injury of such caliber can lead to great emotional pain.
How Is Pain and Suffering Calculated?
If you or a loved one has suffered because of a truck accident, you may be wondering how pain and suffering is calculated for you to receive compensation. Since pain and suffering is a non-economic injury, lawyers, jurors, and insurance companies will determine how much it is worth by using measures other than simply looking at price tags. It can be difficult to calculate pain and suffering, and there is not one direct formula to use to work out how much your pain and suffering damages are worth. However, usually, the amount of compensation you receive for your pain and suffering will be based on how severe your injury is and whether it is permanent.
It can, therefore, be said that pain and suffering is usually calculated by taking into account the following:
- The extent and nature of the injuries suffered.
- Whether the victim has suffered long-term symptoms or effects and how long for they have suffered these for.
- How the injuries and symptoms have affected the victim and their everyday life.
- Whether the injuries suffered are likely to, or have, resulting in premature death.
Pain and suffering damages caused because of a car accident can seem difficult to calculate, but this is why a lawyer can help you. A lawyer will be able to make objective comparisons of the daily activities that you participated in both before and after suffering your injury. This before-and-after comparison can be used to highlight how your physical pain caused by your injuries has damaged your life and can impact how much you could receive in pain and suffering damages.
However, it is important to know that an insurance company will sometimes resort to simpler methods and formulas to work out how much a victim can receive in pain and suffering damages. There are two common formulas that an insurance company could use to calculate pain and suffering damages; they are:
- The per diem method – This involves establishing a per diem amount of pain and suffering for every day that passes since a person has suffered their accident to the day when they have fully recovered.
- The multiplier method – This method is used by insurance companies and involves totaling the victim’s medical bills with their lost wages and then multiplying them by a specific number, which would depend on the severity of the injury and physical pain.
Although it is important to note that even when insurance companies use these formulas, evidence also plays a major role in calculating how much a victim could receive in damages if they decide to file a personal injury claim.
If you have any further or questions concerning how pain and suffering is calculated, you can contact The Law Place today. One of our accident lawyers will be able to answer any questions you may have as well as giving you all the legal guidance you may be seeking. If you contact us, we can schedule you a free consultation where an accident attorney will be able to look over your car accident case. An attorney at this stage may be able to give you a rough estimation, from their wealth of experience, of what kind of damages you could expect to get if you file a claim. You can call us at (941) 444-4444.
How Much Is a Personal Injury Settlement?
Florida is a no-fault state, as outlined in the Florida Statute 627.7407. This essentially means that accidents that result in minor injuries are typically dealt with in the no-fault system, and only those with serious injuries tend to result in lawsuits and going to court. For most of the time in Florida, personal injury claims for injuries caused in motor vehicle accidents are resolved with insurance companies.
The no-fault system in Florida has certain rules for the amount of compensation you can receive in a settlement depending on the type of injury. A person’s no-fault insurance will pay 80 percent of their medical bills and 60 percent of lost wages that may have had to encounter. Insurance will also sometimes pay for the victim’s travel to their medical appointments.
Although, Florida no-fault insurance will only pay up to a person’s policy limit. For example, most people have a limit of $10,000. The amount that you could receive in a settlement may be based on each type of loss, and the policy limits of the victim insured.
If you have any further queries concerning the amount your claim for your injuries could achieve in a settlement, contact The Law Place today. In a free consultation, one of our lawyers will be able to answer any questions you may have, as well as explain what is meant by a no-fault state further. If you or someone you know has suffered in a motor vehicle accident, we can help you.
How Much Can You Get From a Truck Accident?
All vehicle accidents vary greatly, and therefore, the amount of compensation you could receive if you have been the victim of a vehicle accident also varies massively. Florida Highway Safety and Motor Vehicles (FLHSMV) have published that there are over 400,000 vehicle crashes a year in Florida, causing hundreds of thousands of injuries. The amount that you could be entitled to from an auto accident is, therefore, difficult to say for definite.
Although the average amount of compensation that victims of motor accidents achieve in settlements in Florida is $15,000, if you have suffered incredibly severe injuries, the amount that you may receive in a settlement could be considerably higher. Other factors that can determine the amount of compensation you could receive include who is legally at fault in your case and the ability of the party at fault to pay your claim.
The Law Place
If you have any further questions or queries concerning the amount of compensation of which you could be entitled to from an auto accident, contact The Law Place today to schedule a free consultation. One of our accident lawyers will be able to give you all the legal advice and guidance you may be seeking. Our legal team is available to listen to your call 24 hours a day, seven days a week. Don’t hesitate to call us today at (941) 444-4444.