Who Pays Pain and Suffering in an Auto Accident?
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The person who pays pain and suffering in an auto accident case depends on who is at fault for causing the accident. “Pain and suffering,” inconvenience, and other components of a personal injury claim in an auto accident are paid by the at-fault driver or by the insurance company who represents them.
According to American Bar Association regulations, if your case for compensation goes to trial, the judge or jury shall award compensation for your medical bills and income loss. They may also award an additional amount of monies for “pain and suffering” and inconvenience.
You May Recover Damages in an Auto Accident Injury Case
If you were a victim of an auto accident that was not your fault, the driver who caused the accident may be held responsible for the financial impact of the accident. If you file an insurance claim or lawsuit against the at-fault driver, you may be able to receive financial recovery for:
- Current medical bills
- Future medical bills
- Current lost income
- Future lost income
- “Pain and suffering” and inconvenience
- Physical disfigurement or disability
You may also be able to recoup the cost of repairing or replacing your damaged or totaled vehicle. The lawyer who represents your claim for financial compensation may help you determine the recoverable damages you are entitled to receive.
A Lawyer Can Help Calculate the Value of Your Compensation Claim
No two auto accident claims will have the same financial value. Even two people injured in the same auto accident might have different financial recovery options and amounts. The amount of financial recovery will vary according to the severity of your injuries and the type and length of your required medical care.
After your health care team details current treatment and outlines any future required treatments, your legal team may use your medical records to assign a value to the “medical expenses” portion of your claim.
The amount of income you earn may vary from another accident victim, which means the portion of your claim that covers current and future lost income may also vary. Your lawyer may calculate your damages, which medical bills and lost income, to arrive at a dollar amount that would represent the collective value of your claim for compensation.
Financial Compensation Has a Time Limit
If you or a family member was injured in an auto accident, you may be able to file an insurance claim or lawsuit for financial recovery against the at-fault driver. If you plan to file a lawsuit for financial recovery, your state determines the amount of time you have to file. This is known as a statute of limitations.
For example, in Virginia, the Code of Virginia § 8.01-243 limits your time to two years from the date of the accident that caused your injuries. Your lawyer may help you determine if your potential lawsuit is within the statute of limitations. Many personal injury lawsuits are resolved with the offering and acceptance of an insurance settlement before they reach the state.
Include “Pain and Suffering” and Inconvenience in Settlement Talks
After an auto accident, you may be able to receive a financial settlement from the at-fault driver’s insurance company. Once you accept a financial settlement, this action is considered the final disposition of your claim and means you cannot pursue additional money at a later date.
That makes it important to carefully examine each financial aspect of your claim and assign an accurate monetary value to your total claim before entering settlement negotiations. Your lawyer may help you make these assessments and evaluate your best options for financial settlements, but the choice of whether to say yes or no to any offer is always up to you.
We Help You Fight for Financial Compensation
If you or a family member was hurt in a car accident, you might be entitled to get your medical bills compensated by the at-fault driver. While you are considering the value of your compensation claim, you are entitled to know who compensates you for all expenses, including who pays for pain and suffering in an auto accident.
James Parrish’s career representing insurance companies helps him protect clients from those same companies now. Our legal team at the Parrish Law Firm, PLLC, work hard so that clients are fairly compensated for the physical and emotional harm caused by “pain and suffering” and inconvenience. Contact the client intake team at the Parrish Law Firm, PLLC, by calling (571) 229-1800 to reach a team member today.