The Law Offices of Christopher L. Jackson
"Always a Free Call and No Fee Unless You Win"
Kentucky: 859-261-1111 Ohio: 513-861-8000 Toll Free: 888-811-3247
Areas & Topics

Should Pain and Suffering be Included in Your Car Accident Claim?

Pain and suffering is common in case of vehicle accident. There are many types of injuries that a person may sustain in the event of an injury.

Here at Christopher Jackson Law, we help clients make the best decision that is appropriate for their case. One important consideration when it comes to car accidents is whether pain and suffering should be included in the claim. In this article, you will learn how to account for non-financial costs and also why they should be including the car accident claim.

About Pain and Suffering in Car Accident Cases

Every vehicle accident case is different. The extent of the injuries sustained in an accident affects the settlement. In addition, non-financial costs be accounted for when making a claim.

A lot of people don't know that personal pain and suffering are also included when calculating the compensation claim. As a result, they lose out on payments that could have compensated them for the emotional and physical pain.

Non-financial costs include physical pain and emotional suffering due to the injury. In majority of cases, it's best to add pain and suffering costs in your car accident case.

The fact is that medical costs are not the only costs of a car accident injury. An individual who is injured in a car accident experiences physical pain depending on the extent of the injury. In addition, the resultant loss of income cause great emotional strain. That's why these 'non-financial' costs need to be accounted for when calculating a car accident claim.

But calculating the monetary value of pain and suffering is not that easy.

Car accident injury claims that account for pain and suffering do not have a single value. The claims have a range of values. This is because non-financial costs can't be subject to exact calculation.For instance, the claim cannot be $70,000. Instead, the claim is quoted in a range such as between $50,000 and $80,000. The goal should be to obtain a compensation that lies within the range, ideally at the higher end.

Examples

Let's look at a few examples to further clarify the matter regarding non-financial costs in car accident injury cases.

Suppose that your lawyer values the vehicle accident claim at $60,000 to $90,000. The final offer by the insurance company of the guilty party is $72,000. In this case, you will accept the offer to settle the case. Also, if the final settlement offer is $58,500, you will still take the offer since it's near the valuation of the case. However, in case the insurance company offers $30,000 or worse $20,000, you should take the case to the court.

Now, let's look at another example. Suppose that the final offer is $55,000. In this situation, you are justified to sue the guilty party to obtain a higher amount. However, before taking this decision, you should remember that the out-of-pocket expenses of your lawyer will start increasing significantly once you file a case. In this way, you will get less share of the settlement amount. Suppose that the insurance company had increased the offer to $59, 000, which is close to the original valuation of the case. But you have to deduct your lawyer's fee from the offer. Let's say that the lawyer's fee amounted to $15,000. So, the net amount you will get is $44,000. So, when you decide to file a suit, the settlement amount range should increase as well. Again, your lawyer will calculate the amount that should be claimed in court. This will ensure that you get the maximum possible benefit from the case.

Making a Claim for Pain and Suffering

Before making a claim for pain and suffering after a car accident, you should first discuss your options with a legal professional. You should describe the losses incurred due to the injury. Also, you should mention to the attorney any issues such as problems in daily activities and other difficulties related to the injury. This is important as these will affect the amount of compensation that you receive after a car accident injury.

Your car accident injury lawyer will determine an adequate settlement amount using daily rate or multiplier method. The attorney will calculate the costs of the injury - both financial and non-financial and determine whether you have a viable and valid claim. This decision will be made after outweighing the costs involved in the case against the claimable compensation.

Conclusion

Hiring an experienced and knowledgeable attorney is important as the legal professional will provide valuable guidance and advice as to how to determine an adequate compensation claim. This will increase the odds of a successful case outcome in your favor.

An experienced attorney will guide you on how to file a claim for the car accident injury and also how to account for non-financial costs such as pain and suffering.

If reside in Ohio and are searching for a highly professional car accident injury lawyer in the area, you should contact Christopher Jackson Law firm. We provide expert advice and guidance to clients in car accident cases. We accept all types of cases relating to vehicle accidents in the state.

You can rest assured that our vehicle accident attorneys will provide you qualified advice and guidance regarding your case. We can help you in deciding whether you should offer a settlement offer or sue the guilty party in court. Our attorneys will keep your best interest in mind when deciding the case.

For more information about our legal services related vehicle accident injury cases, you can contact us today for a free initial consultation. We can explain to you the entire legal procedure for successfully filing a case related to vehicle accident injuries.

No Comments

Leave a comment
Comment Information

Contact

The Law Offices of Christopher Jackson
121 East 4th Street
Covington, KY 41011

Toll Free: 888-811-3247
Phone: 513-861-8000
Phone: 859-261-1111
Fax: 859-261-0888
Covington Law Office Map

CJmarksmall.png

IMG_3131.JPG