There are several different ways in which the amount of compensation you receive after a car accident may be calculated. According to a study published by the Northwestern Law School, one way to calculate damages for pain and suffering is the “per diem” method (see pg. 91). Using this method, you could be assigned compensation for pain and suffering based upon:
- The severity of your pain and suffering
- A per-day figure that would account for the pain and suffering you experience each day
A jury may generally be asked to assign a fair figure for pain and suffering, or you or your lawyer could come to an agreement about the amount of compensation that you could be entitled to. Each accident, injury, and set of relevant circumstances, will ultimately go a long way towards determining the amount of compensation you may receive.
Car Accidents Can Cause Significant Pain and Suffering
If you have been seriously injured in a car accident, then you may already have an idea of the pain and suffering that the experience can inflict. You may be enduring mental anguish and other forms of pain and suffering because of:
- The physical pain caused by your injuries
- Trauma from memories of your accident and its aftermath
- A sense of loss due to being physically restricted or confined
- Financial stress imposed by any income you have lost due to the accident, as well as any medical costs related to your accident
Motor vehicle accidents may cause an array of potentially serious injuries. Such injuries may include:
- Traumatic brain injury (TBI) or concussion
- Whiplash and other spinal cord injuries
- Broken bones
- Damage to your internal organs
- Deep cuts
- Internal bleeding
These and other injuries that you may have suffered in your car accident could cause:
- A long recovery period
- A significant financial cost to treat and recover from your injuries
- Diminished mental health
- Diminished emotional health
All of these factors may be relevant should you choose to bring legal action in pursuit of losses related to your car accident.
Possible Compensation from a Car Accident-Related Lawsuit
If you bring a successful lawsuit against one or more people or entities who could be responsible for your accident, then you may be able to collect financial coverage for:
- Pain and suffering
- The cost of emergency transportation after your accident
- Diagnostic medical tests and procedures
- Medical care administered to treat your injury
- Rehabilitation for your injury
- The cost of any permanent disability that you suffered because of your accident
- Wages or salary that you have lost because of your injuries
- Any decrease in your earning power due to injuries sustained in your accident
- Professional, academic, and personal opportunities you can no longer pursue because of your injuries
It may be necessary to show that you were the victim of negligence in order to obtain these or any other forms of compensation that you are eligible for. It is your right to hire a lawyer to help you prove such negligence.
A Lawyer Can Lead Your Personal Injury Lawsuit
If another motorist caused your accident, then you may be able to pursue compensation through a personal injury lawsuit. A personal injury suit may be a means to recovering compensation for your pain and suffering, as well as any other losses you have sustained. A lawyer can help you initiate and complete this lawsuit.
Some lawsuit-related duties that a lawyer may fulfill include:
- Drafting and filing your initial lawsuit
- Collecting evidence pertaining to your accident, and organizing it in a way that meshes with your pursuit of compensation
- Speaking with experts in relevant fields to obtain testimony that you could have been the victim of negligence
- Speaking with the attorney for the defendant or defendants in your case to see if they are offering a settlement
- Representing you in negotiations in pursuit of compensation that is fair considering your losses
- If necessary, representing you throughout the trial stage of your lawsuit
- Defending your rights throughout their time as your lawyer
More broadly, a lawyer may be able to answer questions and concerns that you have about your lawsuit. A lawyer will handle the legal aspects of your lawsuit while you focus on recovering from your injuries.
Call Our Team at the Law Offices of Randall B. Isenberg Today
A car accident can impact virtually every aspect of your life if it causes you to sustain serious injury. You may be unable to work, lose physical capabilities on a permanent basis, and suffer significant financial losses, and it could be because of the negligent actions of one or more parties.
Lead attorney Randall B. Isenberg has more than 30 years’ experience as a former prosecutor, state district judge, and now an attorney representing those who would like his assistance. Call our team at the Law Offices of Randall B. Isenberg today at (214) 696-9253 for a free consultation about how we may be able to assist you.