Depending on the facts of your case, yes, you can sue for pain and suffering after a truck accident. Truck accidents usually cause severe injuries and extensive property damage. Injured victims of such accidents usually experience some degree of mental distress, discomfort, and pain during recovery.
Proving pain and suffering after a truck accident is not easy. The process may be even more complicated if the liable insurer declines to offer reasonable compensation for your pain and suffering. This is why you may want to consider hiring a truck accident attorney for assistance in filing an insurance claim or lawsuit for compensation.
What are Pain and Suffering Damages?
After you’ve been injured in an accident caused by the negligence of a truck driver or their employer, you might be entitled to recover compensation for any loss you may have incurred. This includes damage to your property and the funds used to cover your medical bills. A financial award can also compensate you for how the accident has affected your quality of life.
Pain and suffering compensation covers the physical and emotional injuries an individual suffers because of the accident, and it typically includes:
- Chronic and acute pain caused by the injury
- Post-traumatic stress disorder (PTSD)
- Depression or mental hardship caused by having limited mobility or being bedridden
- Permanent disfigurement, scarring, or disability
- An inability to spend time with loved ones or take part in various activities
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How Does a Truck Accident Lawyer Prove Pain and Suffering?
Your attorney can obtain statements describing the pain and suffering you experienced due to the accident. These statements can be supported by the presence of detailed entries in a journal, which describe specific moments of pain, hardship, and inconvenience. The lawyer can use this information to build a narrative of pain and suffering.
Lawyers can also use expert opinions to estimate the potential amount of pain and suffering you may endure. This will require some research and acquiring statements from medical professionals who’ve treated injuries similar to the ones the victim sustained.
Documentation of pain and suffering reduces an insurance company’s chances of denying or decreasing the damages. It may be used as evidence in court if a settlement cannot be agreed upon.
What Factors Affect the Pain and Suffering Compensation?
An individual’s amount of compensation may vary, as pain and suffering can’t be easily quantified. As such, the jury or the insurer will consider several factors, including:
- How traumatic the injury suffered was
- The degree of pain associated with the injury, according to certified medical professionals
- The total amount of economic loss the injured party incurred
- The likelihood that the injury will result in permanent effects
- How much the injuries disrupted the injured party’s life and their family
- How restrictive the treatment the injured party underwent was
Additionally, the emotional and mental impact of your accident may affect you physically, causing stress, headaches, loss of appetite, and/or overeating. Juries may also take this aspect into account. It would be beneficial for victims of truck accidents to work with lawyers who have experience handling such cases to help them receive fair compensation.
How is Pain and Suffering Compensation Calculated?
Insurance companies usually use several formulas to calculate settlement offers. For terms to be agreed upon, both parties need to negotiate.
The multiplier method is often used to reach a possible settlement. It involves adding all the economic damages, including lost wages and present and future medical expenses a victim has incurred. This figure is then multiplied by an agreed-upon number, usually between 1.5 and 5.
This multiplier depends on the weakness or strength of a victim’s case.
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Contact Isaacs & Isaacs Personal Injury Lawyers to Discuss Your Legal Options
Have you recently been involved in a truck accident that has left you emotionally and physically injured? Have you lost a loved one in a truck accident? Reach out to Isaacs & Isaacs Personal Injury Lawyers to discuss your legal options.
Our attorneys have 400 years of combined legal experience, and we have recovered $1 billion in settlements for our clients. Our truck accident attorneys don’t charge any upfront legal costs or fees, as they only collect a fee if and when they secure damages for you. We are ready to handle your case. Contact us today for a free case review and legal help.