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Determining Compensation in a Personal Injury Claim:

Posted in On October 3, 2022

It is a common desire for people to find out how much their personal injury case is worth.  There are many factors that affect the amount of damages that may be awarded.  However, an experienced attorney can inform their client of the various factors that affect the value of a personal injury case.

There are two factors that can determine compensation: special damages and general damages.

Special Damages vs. General Damages

Special damages are easily quantifiable. They are measured by the amount of money it takes to cover losses. Examples include:

• Medical bills
• Lost wages
• Vehicle repairs

General damages are non-economic. Since they are intangible, they are more difficult to measure with a dollar amount. Examples include:

• Loss of companionship
• Reduced quality of life
• Physical disfigurement or impairment
• Pain and suffering

Though these factors are palpable, it is hard to determine how much your general damages are worth because the grief felt may seem incomparable to any monetary amount. Yet, if you are suffering, monetary compensation can potentially ease that suffering.

What Is Considered Pain and Suffering in a Car Accident?

Pain and suffering refers to the physical and mental pain victims experience after a car accident. Pain and suffering in legal terms is getting compensation that covers the overall loss of comfort, ability, happiness, change in lifestyle and opportunity that follows serious injuries.

Examples of Pain and Suffering

Pain and suffering includes the mental and physical damages endured because of a car accident. Because mental and physical aspects of our functioning are interconnected, effects of injuries overlap in mental and physical damages. Physical pain can oftentimes take a toll on how our mental health functions. Pain and suffering examples include:

• Long-term disability
• Shorter life expectancy
• Lasting physical limitations
• Physical pain and discomfort
• Traumatic Brain Injury
• Physical changes such as scarring and amputations
• Changes in sleep
• Depression
• Anxiety
• Post Traumatic Stress Disorder (PTSD)
• Changes in appetite
• Overall mood changes

Judges and juries commonly take into consideration various factors of pain and suffering when considering compensation, including:
• Age of victim
• Long-term damages
• Effect on enjoyment of life
• Future problems
• Mental health

Evidence from Experts and Witnesses:

Personal injury claims require evidence.  Car insurance payouts for pain and suffering can also rely on evidence your car accident attorney presents. The above factors are taken into account and having sufficient evidence to prove their impacts will only make your case stronger.

Reaching out to car accident attorneys in the Denver metro area can be beneficial in the long run. Attorneys are responsible for presenting evidence to justify your pain and suffering after a car accident. They calculate your damages to help you receive the highest amount of compensation possible.  Experienced attorneys will rely on witness statements, medical records, medical bills, photographs, expert testimony from medical professionals regarding the injuries.

A Pre-existing Condition Or Injury:

When determining the amount of compensation to be paid, it is sometimes considered that an accident may have had an impact on a preexisting injury. The amount of compensation may be affected if the accident caused or aggravated an existing injury. It is difficult to determine the value of compensation in cases that involve pre-existing injuries. A personal injury attorney may be necessary for an accident victim who has a pre-existing disability or injury. A lawyer can assist the victim in presenting a strong case and providing the necessary medical evidence.

Negotiations with Insurance Companies:

Most injury cases will be settled by the insurance company as cheaply as possible. They have attorneys available to assist them in this process and ensure they pay the lowest amount of compensation. The victim of an accident may not receive the compensation they deserve if they handle the negotiations themselves.
It is best to hire an experienced personal injury attorney when you are negotiating personal injuries claims with insurance companies.  An experienced injury attorney will be able negotiate a fair settlement on behalf of their client.

It can be overwhelming and difficult to put together a personal injury case, especially if an accident victim doesn’t have the necessary skills or experience.  An experienced personal injury attorney can help victims avoid all of the hassle.  An experienced attorney can help victims get fair compensation for their pain, suffering, and economic losses.  The attorneys Daniels & Scriven, P.C. will help you each step of the way.  Contact us today (720) 863-6006 or for a no-obligation case evaluation.