Pain and Suffering: Settling After a Car Accident Case

pain and suffering

Pain and suffering are significant parts of a car accident case. One of the first things our new clients ask us is how much their case is worth. The problem is that too many Georgia injury lawyers go on television and advertise that they can get you a ton of money if you retain their services. The truth is that your Tucker accident lawyer can only get you damages for injuries you’ve actually suffered. For example, if the only injury you suffered was whiplash, you’ll be lucky to have a case at all. This is one of those injuries that is not only impossible to prove, but it also heals itself. Within a few days or weeks, you will be as good as new. It’s hard to convince a judge or an insurance adjuster that you deserve thousands of dollars for this kind of injury.

If, on the other hand, you suffer a spinal cord injury or end up partially paralyzed, that’s a different story. In that situation, it would not be difficult to secure you thousands, if not hundreds of thousands of dollars. The way pain and suffering works is that it is usually worth about three times your medical bills. The more serious your injuries, the higher your medical bills. It makes sense, therefore, that your Georgia injury lawyer would be able to get you a lot more in pain and suffering.

Here, we’ll discuss how pain and suffering works. We’ll also explain what things qualify you for these damages. If you’ve been injured in a car wreck recently, give us a call. Arrange for one of our seasoned Tucker accident lawyers to sit down and review your case. We do offer all new clients a free, initial consultation so you can do this free of charge.

You Aren’t Guaranteed to Receive Any Damages, Not Even Pain and Suffering

Nobody is ever guaranteed damages in a personal injury case. There is so much that needs to happen between the time of your car accident and the day of trial. One small mistake can mean the difference between walking away with a settlement and walking away with nothing. A part of this has to do with your injuries. Since pain and suffering is based on the seriousness of your injuries, it’s critical that you go to the hospital immediately after your accident. If not, your Tucker accident lawyer will have no way to prove that you were hurt. Even if they can, it may be hard to prove just how serious your injuries really were. This means your chances of receiving pain and suffering will be lower. That’s the last thing anyone wants to happen.

Your Tucker Accident Lawyer Must First Prove Fault

Before you can start thinking about damages, your Tucker accident lawyer must first prove fault. In order to do this, they’ll need to demonstrate that the other driver was negligent. There are four things they need to prove if you expect to receive damages. These include the following:

  • You must prove the other driver owed you a duty of care
  • You must also demonstrate that the defendant breached this duty of care
  • You must show that you were injured
  • Your injuries must have been directly caused by the defendant’s breach

Once your Georgia injury lawyer proves these four elements, you can then move the discussion to one of damages.

Your Georgia Injury Lawyer Must Also Prove Your Damages

Before you can collect a dime, your Tucker accident lawyer needs to prove your damages. In most car accident cases, you will be entitled to the following:

  • Medical bills
  • Lost wages
  • Lost future income
  • Property damage
  • Pain and suffering

As mentioned briefly, pain and suffering damages are usually equal to three times your medical bills. If your medical bills (and future medical care) is worth $500,000 then your Tucker accident lawyer will demand $1,500,000 in pain and suffering. Keep in mind – this doesn’t mean you’re going to receive this much. Since more than 95% of all car accident cases settle, there’s a good chance yours will too. This means you won’t receive your full demand. Instead, your Tucker accident lawyer will negotiate a settlement somewhere between what you want and what the insurance company wants to pay.

The First Thing You Should Do is Contact a Tucker Accident Lawyer

If you’ve been hurt in a motor vehicle accident, it’s a good idea to meet with a seasoned Tucker accident lawyer. If you’re like most people, you have no idea what you’re supposed to do after a car crash. Thankfully, our Georgia injury lawyers have decades of combined experience handling cases just like yours. They’ll do their best to prove your case and get you the compensation you deserve. It all comes down to the facts of your case. If your injuries were minor and you weren’t out of work for an extended period of time, you probably won’t be entitled to pain and suffering. If, however, you were seriously hurt and are now unable to work, then there’s a good chance you’ll be entitled to these damages.

If you’re wondering what you should do at this point, contact our office. We offer all new clients a free, initial consultation. The point of this initial meeting is to give you a chance to meet with an attorney and ask them any questions you may have. It also gives our associates a chance to see if your case is worth pursuing. We’ll be honest with you from the start. This is true whether the news is good or bad. We don’t want to give any of our clients false hope. At the same time, we need to be realistic. If you have a strong case, that doesn’t mean you’re going to receive hundreds of thousands of dollars in pain and suffering. It doesn’t mean you’ll receive any damages. It all comes down to what your Tucker accident lawyer can prove.

For now, contact our office so you can schedule your free, initial consultation. You can do this by phone, or you can schedule an appointment through our website. Since the consultation is free, you have nothing to lose.