Pain and suffering is a serious consideration after an accident. One of the things that many people forget about when it comes to accidents, is the fact that it leaves a mark on your mental state. If it was a serious accident with severe injuries, the victim will likely feel depressed, scared and would deal with post-traumatic stress.
And while these things aren’t easily visible or countable such as the damages or injuries, these too can affect the person’s functioning and quality of life.
You might have heard speculation about people collecting claims for fractured bones, brain injuries and so on. But, the truth is pain and suffering aren’t the same and can’t be counted just like that. If you were involved in an accident, you should talk to a New Mexico car accident attorney who will help you get your claim, among other things, for pain and suffering too.
How High Are Pain and Suffering Settlements?
Pain and suffering claims aren’t certain until the liable driver agrees to pay a fair amount and you accept it. In some cases, the jury may decide for it. Pain and suffering damages aren’t easily countable and are not the same for every case. They are unique as your injury and accident, as well as your recovery. Some people may get as much as $50 000, while others may get $5000, even if they had similar or same injuries (fractured arms, injured soft tissue, and so on).
Calculating Pain and Suffering Settlements
There are calculators for these, but they won’t help you much. The insurance company won’t just accept your calculations and don’t use the same calculators. They aren’t fond to give you a lot of money. In fact, they will do their best to lower the offer. They use more than seventy factors to determine pain and suffering before they calculate them in the settlement. This is why some people get high claims while others get low ones.
Can You Get a Higher Pain and Suffering Settlement if Your Car is Totaled?
If your car is totaled, you might expect a higher settlement. This means that the damage to your car was so big, it couldn’t be repaired. But, when it comes to your injuries, the main question is how serious they were and how long they took to heal. If you had fractures that needed an operation and physical therapy then you’ll be considered as someone who had a severe injury that required a long time to recover.
This means that you were in pain and you spend a long time in bed. The recovery time is crucial even though it’s different for everyone. Not everybody recovers the same even if they had the same injuries. If you recovered quickly, you might get a lower pain and suffering claim.
Should You Seek The Settlement at All?
No matter how severe or minor your accident was and no matter your injuries, talk to your attorney about seeking a pain and suffering claim. You might not get the claim with the insurance company, so in that case, you should file a lawsuit. This isn’t an easy process and will surely take time. It isn’t going to be done without stress and you shouldn’t try to do it by yourself.
A skilled attorney will advise you whether it’s a smart idea to seek a pain and suffering settlement. If you got out of the accident with a few bruises and scratches, your attorney will suggest not to seek pain and suffering settlement, since the insurers won’t give it to you for such minor, almost insignificant injuries.
Most attorneys will settle a case with a letter, before filing a lawsuit. The letter will explain how the other driver is at fault and will describe your medical condition and the required treatment. Although such letters aren’t necessary to get an offer from the insurers, sending them shows that you’re dedicated and organized.
Contact Our Albuquerque Car Accident Lawyers
If you were injured in an accident, no matter how severe your injuries were, call a skilled and experienced car accident or a personal injury attorney. You alone may think that you can easily calculate your pain and suffering, but in reality, the insurance company may offer you a far lower offer. To avoid disappointments, it’s best to let your lawyer review your case and help you get your claim.
Our New Mexico car accident lawyers are here to help you with your case, negotiate for your claim and stay by your side by the end.