Here is a typical case for compensation for pain and suffering after an accident: You are at the red light with your vehicle. Suddenly another car comes from behind and slams into the back of your car. Not only will your vehicle be damaged by the violent impact, but you will also be injured and subsequently be in constant pain. You would be entitled to compensation in the form of pain and suffering after an accident and not only for the property damage suffered but also for physical damage (personal injury). You should contact an Oakland Personal Injury Lawyer right away.
The non-pecuniary damage (immaterial damage) of the injured party is compensated as pain and suffering. The compensation for pain and suffering fulfills a compensatory function on the one hand and a financial satisfactory function on the other.
On the one hand, the injured party must prove that the accident was caused by the other party involved in the accident. Usually, a police officer will come to the scene of the accident to determine which driver is at fault. Depending on your state, whether it is a no-fault or fault insurance, it will determine coverage for you or the other party. However, you will need a lawyer to take care of any other losses you might have suffered, which the insurance cannot cover.
In return for compensation for pain and suffering after an accident, however, a personal injury lawyer has to prove that the injuries suffered are related to the accident. The injuries must also have a certain intensity and duration. In addition, a personal injury lawyer will recommend that you go see a doctor for examination immediately after the accident. However, when the officer arrives on the scene, an ambulance will be suggested. It is recommended that you allow the ambulance to take you to the hospital for examination because pain and suffering usually occur days after the accident.
The injured party is entitled to adequate compensation in the form of money after an accident. However, the law does not specify what is meant by fair compensation. The amount of compensation for pain and suffering is based on previous case law on comparable cases. This is sometimes one of the means used by the lawyer to see the amount to which you should file suit. Of course, the judge will determine the final amount when the case has been decided, but the lawyer has to be prepared with an amount.
Criteria for measuring compensation for pain and suffering
The amount of compensation for pain and suffering after an accident is based on certain factors and depends on the individual case:
- Intensity of injuries sustained
- Duration of illness and incapacity for work
- Age of the injured person
- Consequential and permanent damage
- Possible degree of disability
- Psychological consequences
- Social consequences
- Pre-existing illness
- Possible contributory negligence reduces the claim
In the event of a car accident caused by the other driver, the compensation for pain and suffering could also be covered by the motor vehicle liability insurance of the person causing the accident. If there is no vehicle involved in causing the accident, but a bicycle, for example, the injuring party pays himself or his or her private liability insurance.
Further claims for personal injury suffered
In addition to compensation for pain and suffering after an accident, there may be additional claims: the costs of medical treatment, housekeeping damage, care, and support costs, loss of earnings, reduced earning capacity, etc. Please also note whether you have taken out private accident insurance for which claims can still be made. In the event of an accident at work or on the way to or from work, the employer’s statutory accident insurance also covers claims.
In the event of a car accident, a trusted personal injury lawyer can guide you through the process; ensuring the successful enforcement of your claims and other details of the accident will be also examined.