Damages: How Much Can You Receive in Pain and Suffering?

Home » Blog » Damages: How Much Can You Receive in Pain and Suffering?

A lot of our clients think that, just because they were involved in a car accident, they’re entitled to damages. The truth is that nobody is entitled to damages. Damages are awarded to plaintiffs who are able to show that another person caused them harm. This can take the form of physical injuries. It can also be represented by financial harm. Unless your Athens car accident lawyer can prove that you were harmed, you’re entitled to nothing.

There are several different types of damages. When you’re hurt in a car accident, your Athens injury attorney will have to review your case carefully to determine what kind of damages you deserve. We’ll talk about the different kinds of damages in more detail below. However, when it comes to certain types of damages, such as pain and suffering, it can be difficult to prove your damages.

Pain and suffering aren’t something that can be proved using receipts or payroll records. It can’t really be proven with medical records. It’s something that only a seasoned Athens car accident lawyer knows how to demonstrate. That’s why it’s a good idea to hire one as soon as possible after your crash.

What are the Different Types of Damages You Can Demand in a Car Accident Lawsuit?

If you’ve been hurt in a motor vehicle accident, you’re probably entitled to certain damages. It all depends on the severity of your injuries and the facts surrounding your case. While you can certainly file suit yourself, it may be better to hire a seasoned Athens injury attorney.

After reviewing your case thoroughly, your attorney may determine that you deserve some, or all of the following:

  • Medical Bills
  • Future Medical Bills
  • Lost Wages
  • Lost Future Income
  • Property Damage
  • Pain and Suffering

Since every case is unique, there’s no way to tell you what your case is worth without having a chance to review the facts. If, after reviewing your information, your Athens car accident lawyer feels you have a case, they may be willing to represent you. If they don’t feel your case has merit, they’ll let you know. Our attorneys would rather be upfront and honest as opposed to getting your hopes up unfairly.

How Does Your Athens Injury Attorney Prove Your Damages?

One of the hardest things your Athens injury attorney must do is prove your damages. Proving negligence can be difficult. However, if it’s clear that the other driver caused the crash, it shouldn’t be all that difficult to prove fault. Now, proving damages is another story. This is because your Athens car accident lawyer must prove each type of damages you list on your initial complaint.

For a few types of damages, such as medical bills and property damage, all your attorney needs to do is submit receipts for services. For example, they can submit copies of your hospital bills as well as any explanation of benefit forms from your primary health insurance company. The same is true for the damage done to your vehicle. Your lawyer can submit copies of your mechanic’s bills. But when it comes to pain and suffering, it’s a lot harder.

What Exactly is Pain and Suffering?

Pain and suffering are damages meant to compensate you for any physical or mental anguish caused by the crash. Unless your accident was very minor, there’s a good chance your Athens injury attorney is going to demand pain and suffering on your behalf.

There are a variety of ways to prove pain and suffering. For example, your attorney can ask your doctor to submit copies of your surgical records. This will show what sort of painful medical care you were subjected to. The same goes for your prescription records. If you were prescribed pain medication or muscle relaxants, this will also help prove pain and suffering damages.

In addition to physical pain, there’s a good chance you also suffered from emotional distress. For example, you may not be able to do the same kind of work you did before the crash. This can be very depressing. The same is true if you can no longer enjoy the same kind of social life you had before the accident. These things have value. It’s up to your attorney to prove that value.

Pain and Suffering May Make Up the Lion’s Share of Your Settlement

When it comes to pain and suffering, most Athens car accident lawyers use the same formula. Whatever your medical bills were, your attorney will multiply this number by three. That is what they will demand in the way of pain and suffering. This formula is why most Athens injury attorneys tell you that your pain and suffering is correlated to the seriousness of your injuries.

If you suffer serious injuries, such as a spinal cord injury or back injury, you’ll need a lot of medical care. You’ll also need a lot of after care. These things will be included in your demand for damages. The total for medical care will be higher if your injuries are very serious. Since this has a direct relationship to your pain and suffering demand, it should make sense now.

Your Athens Injury Attorney Will Likely Settle Your Case

The goal of any car accident lawsuit is to settle it. We want our clients to have their money as quickly as possible. This doesn’t mean that we’ll encourage you to accept less than you deserve. However, odds are, you won’t receive the full amount of your demand. For example, you may have demand $600,000 in pain and suffering. Once your Athens injury attorney starts negotiating a settlement, this amount will come down dramatically. Since these damages cannot be proven with documentation, they are the easiest point for compromise.

Contact a Seasoned Athens Car Accident Lawyer Today

If you’ve been hurt in any sort of motor vehicle accident, give our office a call. We can schedule your free, initial consultation with one of our Athens car accident lawyers. They’ll review your case and see what kind of evidence is available. Then they’ll help you file suit against the other driver. When the time comes, they’ll work toward negotiating a fair settlement on your behalf.

Since your initial consultation is free, you have absolutely nothing to lose.

Let's get started with your FREE consultation.






From The News Archive