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Can I Claim Pain & Suffering from my Car Accident?

man behind wheel of car grasping neck

If you were injured in a car accident in Stuart or Port St Lucie caused by another party, then you may receive compensation that covers the costs of your medical bills, damage done to your car, and lost wages. However, you may also be able to receive damages for any pain and suffering caused by the accident.

Auto Accident Pain and Suffering

The physical pain that you experience from any injuries caused in a car accident will be taken into consideration when it comes time to settle (or if you go to court). This includes not just the pain of the injury as it happened, but the pain and suffering that you may experience over the long term as well. For example, if you injured your back, you may experience spasms or a lack of flexibility that can be considered suffering.

However, auto accident pain and suffering aren’t just limited to the physical pain and suffering you’ve experienced. It also includes any emotional pain and suffering you might have as a result. It’s not uncommon for someone who was in a bad car accident to experience anxiety, fear, emotional distress, mental anguish and more. Such mental pain and suffering can be debilitating in many ways. For example, they can lead to a loss of appetite, weight fluctuations, loss of sleep, and more.

Proving Auto Accident Pain and Suffering

If you experienced or are experiencing physical and/or mental pain and suffering due to a car accident, then you will need to prove it. Your¬†car accident attorney¬†can help you prove your pain and suffering claim. You can do this using your medical records as well as with your own statements and testimony. Pain is something that can’t be proven objectively–but health care providers do take note if their patients experience pain, where they experience it, and how bad it is according to them. This means that if you are seeking medical treatment for any car accident related injuries, you should be sure to let your doctors know if you are experiencing pain.

Letting your doctor know what hurts and the extent of your pain is important because it not only helps them determine how to treat you, but it also provides you with the medical documentation you can use to prove your auto accident pain and suffering.

The second way that you can prove pain and suffering is by testifying at your deposition or at trial if you don’t come to a settlement agreement. Your lawyer and the defendant’s lawyer will question you about the pain and suffering you’re experiencing, giving you the opportunity to be thorough in your answers. Do not try to downplay the pain you felt or are feeling, be as accurate as possible.

When sending your medical records to the insurance adjuster, you should write an accident demand letter that explains your pain and suffering. This should include the severity of your pain, the treatment you are receiving for the pain, how often you’re taking pain medication, how the pain has limited your social life as well as your work life, and more. You should also include detailed accounts of any emotional pain and suffering you’ve experienced or are experiencing as a result of the car accident and how it has impacted your day-to-day life.

Getting a Car Accident Lawyer

Hiring an experienced car accident attorney¬†can help build your case. They will provide you with professional guidance and make sure that you have the opportunity to explain the exact pain and suffering you’ve experienced so that you can improve the chances of receiving the settlement that you deserve. For a free case evaluation, contact us at the¬†Law Office of Gloria Seidule¬†today.

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