Tried And True Attorneys Standing Up For The Injured Since 1965

Photo of Craig R. Fishman
Photo of Craig R. Fishman

Tried And True Attorneys Standing Up For The Injured Since 1965

Calculating damages and pain and suffering following a car accident

On Behalf of | Oct 6, 2022 | Car Accidents |

Traffic is often part of your routine drive to and from work. While it is often due to the congestion of vehicles on the roadway, a backup could be due to an accident that occurred up ahead. Most of the time, we experience car accidents as temporary inconveniences like this.

But when you are involved in an accident, the effects don’t end when the roadway is cleared. The effects can last for the rest of your lifetime.

These effects can include your pain and suffering, limited mobility and other physical symptoms, as well as medical expenses, lost income and other purely economic losses. The law uses the word damages to refer to all these losses.

Types of damages in a car accident

In most cases, damages are separated into two categories which include special damages and general damages. Special damages are losses associated with specific economic harm. This encompasses damages such as lost wages, damage to your vehicle, damage to property and medical expenses.

General damages cover noneconomic damages. This includes losses such as pain and suffering, physical disfigurement, impairments, shortened lifespan, mental anguish, loss of companionship, loss of the enjoyment of life and emotional distress.

How is pain and suffering calculated?

Because pain and suffering are subjective, it can be very difficult to put a dollar amount to pain and suffering damages. Thus, various factors are considered when calculating the amount of damages that will be paid for pain and suffering. This includes the severity of the injury, the location and nature or any disfigurement or scarring suffered, the time of recovery time needed, potential for ongoing consequences, the amount claimed in special damages, socio-economic or political factors and the state damages caps.

A car accident could be the cause of life changing injuries and damages. Thus, those falling victim to a car accident should take the time to understand their situation. This means assessing the cause and liability of the accident and the damages caused. A civil suit, such as a personal injury claim, could help the injured victim recover damages for losses suffered.