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Serious car accidents can lead to debilitating injuries, some of which may be permanent and affect an accident victim for the rest of their life.
In addition to bringing about the need for ongoing medical treatment, the injuries that a car accident victim suffers may lead to severe pain, suffering, and inconvenience, all of which are compensable as part of a personal injury claim.
The monetary compensation that an accident victim may receive for their pain and suffering will depend upon many factors, including the severity of their injuries, the circumstances surrounding their accident, and the specific types of injuries they suffered.
In general, an accident victim who suffered a permanent or lifelong injury is likely to receive a higher amount of pain and suffering damages than an accident victim who suffered less severe injuries.
After suffering injuries in a car crash, you must retain a skilled car accident lawyer in Madison who can handle every step of the process.
A lawyer can submit a claim to the at-fault driver’s insurance company on your behalf and manage all communications with insurance company adjusters. Your lawyer will fight for your legal rights and aggressively pursue compensation, not only for your medical expenses and lost income but also for your pain, suffering, and inconvenience.
Moreover, if the insurance company adjuster refuses to make you a fair monetary settlement offer, then your lawyer can pursue litigation options in the court system.
If your case proceeds to litigation, your attorney can represent you at all legal proceedings and argue for the highest amount of monetary recovery available in your case.
Your attorney will do everything they possibly can to maximize your overall monetary award, ensuring that you become whole again to the greatest extent possible after your car accident.
Car Accident Injuries
The amount of monetary compensation that a car accident victim may receive for their pain and suffering will depend primarily upon the specific injuries that they suffered in their accident.
Generally speaking, the more severe and extensive an accident victim’s injuries, the more extensive their pain and suffering damages.
The injuries that a car crash victim suffers will usually depend upon the force of the collision, the number of collisions that occur, and the accident victim’s bodily movements at the point of impact.
Some of the most common car accident injuries that drivers and passengers frequently suffer include soft tissue whiplash contusions, broken bones, rib fractures, mouth and teeth injuries, traumatic brain injuries, open lacerations, bruises, spinal cord injuries, complete and incomplete paralysis injuries, facial injuries, and death.
If you sustained injuries in a car accident that a negligent driver caused, you should seek out the medical treatment that you need as quickly as possible.
In addition, after receiving treatment at a hospital emergency room, follow through on all recommended medical treatments, consult recommended medical specialists, and undergo any recommended procedures, such as surgeries.
Refrain from discharging yourself from a medical facility until the provider formally releases you from care. That way, the insurance company is less likely to dismiss your injuries. You are also more likely to recover from your injuries if you treat them consistently over time.
While you complete your medical treatment regimen, a car accident attorney in your case can start gathering documents to satisfy the legal burden of proof.
Upon completing your medical treatment, your attorney can begin the settlement negotiation process in your case by submitting a formal demand letter to the insurance company along with supporting documentation.
Your attorney can then pursue favorable monetary compensation on your behalf, including compensation for your inconvenience, pain, and suffering.
Types and Causes of Car Crashes
Car accidents can happen for a variety of reasons, but they typically involve some type of unreasonable conduct or negligence by another driver. One typical cause of car accidents is road rage or overly aggressive driving maneuvers.
When drivers hurry to reach their final destination, they often become impatient with other drivers, especially those who drive slowly. In any situation, a reckless driver may repeatedly honk their horn, flash their high beams, or tailgate slower-moving vehicles.
At other times, an angry driver might attempt to cut off one or more other vehicles in traffic, or they may try to pass other cars without using turn signals. When a driver engages in these reckless activities, they may inadvertently cause an accident that leaves another driver or passenger injured.
Local car accidents can also happen when drivers violate other traffic laws, including posted speed limits.
Common traffic law violations also include failing to yield the right-of-way to another driver when appropriate, such as at a traffic intersection. A driver can also cause an accident if they fail to use their mirrors, backup cameras, or lane-change warning devices.
Another common cause of local car crashes is distracted or inattentive driving. When a driver takes their eyes off the road for any reason or turns their head towards the backseat of their vehicle, they might fail to see an approaching vehicle in front of them or on the side.
Common devices that distract drivers include cell phones, tablets, and GPS navigation systems in front of the vehicle. A driver may also become distracted if they roughhouse with a vehicle passenger, comb their hair, listen to loud music in their car, or eat and drink while behind the wheel.
Finally, some car accidents unfortunately occur when people drive while intoxicated by drugs, alcohol, and other controlled substances. When drivers get behind the wheel, they have a duty to drive safely and carefully. However, if they are under the influence of drugs or alcohol, they are unable to do this.
Alcohol can slow down a driver’s reflexes and reaction time, preventing them from stopping their vehicle in an emergency situation.
Additionally, a drunk driver may experience blurred vision, poor muscular coordination, lack of concentration, and impaired judgment. If a drunk driver causes an accident that leads to injuries, they may have to pay higher criminal penalties and incur civil liability.
If you sustained injuries in a recent car accident, you need to involve a skilled car accident lawyer in your case as soon as possible. Your attorney can promptly file a personal injury claim on your behalf, negotiate with insurance company representatives, and pursue the compensation you deserve for your medical expenses, pain, and suffering.
Proving a Car Accident Case Successfully
To receive monetary compensation in a car accident case, including economic recovery for physical pain and suffering, an accident victim must establish several elements of proof in their case.
First, they must demonstrate that the at-fault driver owed them a duty of reasonable care. All drivers have an obligation to drive safely and carefully, to refrain from distracted and intoxicated driving, and to follow all traffic laws and regulations.
Next, the injured accident victim must establish that the other driver violated one of these traffic laws in some way.
In addition, an injured accident victim must show that as a direct result of this violation, both the car accident and their subsequent injuries occurred.
In car accident cases, it is essential to have a medical expert involved. A medical expert can be beneficial by providing favorable testimony at a discovery deposition or civil jury trial.
A medical expert may also draft a report in your case that causally relates your claimed injury or injuries to the car accident. Moreover, a medical expert can describe, to a reasonable degree of medical certainty, the types of symptoms you may suffer as a result of your particular injury, as well as the length of time you may suffer those symptoms.
Finally, an expert can establish whether your specific injury is permanent and likely to cause severe and ongoing symptoms for the rest of your life.
What Monetary Damages Can I Recover for My Car Accident Injuries?
When a car accident victim can satisfy the legal burden of proof in their case, they may be in a position to recover various types of damages.
First, injured car crash victims may pursue and recover monetary compensation for their related medical expenses. Moreover, if they suffered a permanent injury, and a medical provider determines they may need additional treatment, the accident victim can recover compensation for their anticipated medical costs.
In addition, if the accident victim had to miss time from work to recover from their injuries, they may make a claim for lost earnings.
Furthermore, car crash victims may receive a monetary recovery for their intangible losses, including compensation for their pain and suffering.
First, an accident victim may recover compensation for the pain and suffering they experienced between the date of their accident and the present time. Additionally, if a medical provider determines that the accident victim’s injuries are permanent, the accident victim may receive compensation for their ongoing pain and suffering, which may last a lifetime.
To determine the monetary compensation an accident victim may receive for future pain and suffering, a car crash lawyer can introduce life tables as evidence in the case.
A life table states the number of years that a particular individual is likely to live. The attorney can then assign a dollar amount for each day, week, month, or year to convince a judge or jury that the accident victim is entitled to receive a certain amount of money for future pain and suffering.
In addition, injured car accident victims may receive compensation for their mental distress, loss of spousal companionship and consortium, permanent disability, permanent disfigurement, long-term care costs, and inconvenience.
Depending upon the nature and extent of your injuries, a car accident lawyer can estimate the pain and suffering value of your case, helping you to develop realistic expectations.
Your lawyer will then do everything they can to maximize the monetary compensation you receive both for your out-of-pocket costs and for your past/future pain and suffering.
Filing a Car Accident Claim for Favorable Monetary Compensation
A knowledgeable car accident lawyer can file a personal injury claim with the at-fault motorist’s insurance company in pursuit of favorable monetary compensation.
To prove your entitlement to economic damages, including pain and suffering damages, your lawyer can submit:
- Lost-income documentation from your employer
- Medical treatment records that detail the nature and extent of your injuries
- Medical bills
- Photographs of visible injuries
- Property damage photographs
- Diagrams of the accident scene
- Reports from medical experts detailing the nature and extent of your injuries
- Video camera footage of the accident.
During settlement negotiations, your attorney can point out specific reports from medical experts, as well as your medical treatment records, in support of your pain and suffering claim.
Speak with an Experienced Car Accident Lawyer in Your Area Today
If you recently sustained injuries in a local car accident, a knowledgeable car accident attorney in your area can help, especially if you have mounting medical expenses and suffer painful symptoms due to your accident-related injuries.
Your car accident lawyer can submit a claim or file a lawsuit within the applicable statute of limitations time frame. Under state law, accident victims must file a personal injury lawsuit within three years of their accident. Otherwise, they will likely forgo their opportunity to recover favorable monetary damages.
As soon as a car accident lawyer becomes involved in your case, they can submit the necessary documents and begin negotiating with insurance company representatives for the compensation you deserve.
If the insurance company adjuster does not make you a settlement offer that genuinely compensates you for your injuries, pain, and suffering, your lawyer can file a car accident lawsuit in court and litigate your case to an efficient resolution.
Your attorney will do everything possible to maximize the compensation you receive for your past and anticipated pain, suffering, and inconvenience.
