After a car accident, the first thing you check for is injuries. Injuries from car accidents can cause pain and suffering. Pain and suffering can range and vary wildly. In some cases, it could just be a small bruise on your body or maybe a small cut from something that flew around in your car. But sometimes, the pain and suffering that you go through can be induced from something serious like a broken bone or traumatic brain injury.
Depending on the pain and suffering that you go through, the compensation for your injuries can be different. Speaking from the eye of a medical facility, it is unlikely that they will compensate you largely for your small bruise or a small cut. If anything, it is likely that you may just get property damage covered since the injury was so small. But something as big as broken bones or damaged organs, the future medical expenses and pain and suffering you go through will be much greater, which will possibly lead to a bigger financial compensation. This is because your medical expenses now and later and the pain and suffering you will and are going through is going to be greater than the pain and suffering that you will go through with a small bruise or a small cut.
How Does Pain and Suffering Work in No-Fault States
Although pain and suffering can be proven by your injuries and how they compare with the severity of the accident, in some states, you may not get that treatment.
Lots of states follow the regular fault-based system. The driver at fault will pay for the damages and expenses that stem from the accident. That is the standard, but there are some states that don’t follow that system. These states are known as no-fault states. Basically, even if you can prove negligence, unless the dollar amount surpasses a certain threshold, there will be no financial compensation for your injuries from the other party. Your insurance will be the one that covers costs while you are under a certain threshold.
Unfortunately, Florida is one of those no-fault states. So unless your injuries pass a certain financial threshold or you can prove that the injuries you suffered were past the threshold, then it is unlikely that you will make more than the threshold to cover your current and future expenses that result from the accident.
This is not a problem though. After being in an accident that severely compromised your life, the last thing you want is adjusters, insurance companies, and lawyers that are all over you trying to hear your story and then undercutting your financial compensation. That is probably the worst thing that can happen to you. Instead of having to deal with the insurance companies, adjusters, and lawyers with their constant bombardment of information, let a personal injury lawyer guide you through the process and make sure that you get the rightful amount of compensation for your personal injuries.
How Does Pain and Suffering Get Calculated?
There is no universal metric for pain and suffering.
It is not like math where 2+2=4 and everyone will feel or receive the same damages from the same injury. Some people will be critically injured from broken bones and possibly die, but some people may just feel the pain of the cracking bones but not be in critical condition and be just fine after being released from the hospital. Everyone has different ways of dealing with pain and suffering. So how do the insurance companies calculate pain and suffering?
According to NOLO, pain and suffering can be calculated by severity and then multiplied by a number between 1 and 5.
From what NOLO has reported, car insurance companies will give you an estimate of your financial compensation by multiplying your medical bills and expenses by a number between 1 and 5. Why these numbers? I personally have no idea. But 1 would be a not-so-severe injury, while a 5 would be the most severe injury.
Is Filing a Suit Worth My Time and Effort?
This largely depends on the severity of your injuries.
Do you think it would be worth your time and stress and effort to pursue a lawsuit for a small cut or bruise? That is all up to you.
Dealing with car insurance agents, lawyers, and adjusters are no joke. I can tell you as a personal injury lawyer, that the process can get tedious stressful if you are the one pursuing the lawsuit. You will have to prove your injuries, deal with so many agents, spend hours on the phone, and that’s only the tip of the iceberg.
If you are only dealing with minor injuries that can be solved with some rest and a week or two off from work, would it be worth it to deal with all these agents?
Only if you are dealing with major pain and suffering, would it be worth it. Medical bills and expenses can get expensive very quickly. That isn’t even considering the property damage from the accident if the accident was really that horrible. In addition, if the accident was that severe, then it is possible to have to deal with lost wages and also future lost income from having to stay off work. You might even possibly lose your job because of the time you must stay away from work.
Consult a personal injury lawyer from Accident Lawyers MIA if you’re confused and have no idea how you are going to deal with the bombardment from the lawyers and insurance company. Our team is well qualified with decades of experience and hundreds of cases won over the years. Not only is our track record amazing, our focus is you. We want to make sure that YOU are satisfied. We are not in it to just collect a small fee and bounce from the case. We want to make sure that your injuries are healed and that you get the proper financial compensation. We start with a FREE consultation to gather proper evidence and data about your accident and then from there we will guide you so that you can get healed and compensated.