Can You Sue for Pain and Suffering After a Car Accident?

You can sue for pain and suffering after a car accident that was due to someone else’s negligence or fault.

Anyone injured in a car accident due to the negligence, fault, or wrongful conduct of another may sue for damages that include compensation for their pain and suffering. Pain and suffering covers a range of injuries that include the both the physical pain and the mental anguish that results from a personal injury. This includes suffering from fright and trauma after the accident, and other mental and emotional problems that may persist into the future, such as:

• Anxiety and depression
• Nervousness
• Grief
• Worry
• Shock.

You can also sue for pain and suffering related to the humiliation, indignity, and embarrassment that may result from your injuries.

Other compensation can be available following a car accident caused by another’s negligence. You may be entitled to compensation for your economic or monetary costs, such as for damaged property, lost wages from being unable to work, and medical and rehabilitation bills. However, pain and suffering awards are to compensate for damages that do not have a specific dollar value, such as your physical pain and the mental anguish and loss of enjoyment of life.

If you or a loved one has been hurt or someone has died in a vehicle crash, you should consult with a personal injury attorney who handles car accident cases as soon as possible. Alabama laws are complicated, and making mistakes can be costly. Also, insurance companies are out for profit and will try to get you to accept the lowest amount possible.

How Our Attorneys Calculate the Value of Pain and Suffering

The value of pain and suffering damages is difficult to calculate, but the car accident lawyers at Caldwell Wenzel & Asthana know the courts, the judges, and the system, and will work aggressively in pursuing the settlement hat you deserve. We understand how insurance companies operate, and we are not afraid to take on insurance company lawyers. You can rely on our car accident attorneys to look out for your interests and fight for justice and the optimum compensation possible.

We offer a free, confidential consultation to discuss the individual circumstances of your case and determine the best way to proceed. We work on a contingency basis, so there are no fees until and unless we win your case. Call Caldwell Wenzel & Asthana today at (251) 444-7000.

How Much Do You Get for Pain and Suffering after an Accident?

How much compensation you get for pain and suffering varies greatly, depending on your individual situation and the factors involved. Pain and suffering damage awards are often greater than those for economic damages and may range from thousands to millions of dollars. In addition, the money benefits you directly to compensate for your lost quality of life.

In considering damage awards, Alabama courts itemize damages as past, future, or punitive damages, and you may be awarded noneconomic damages in any one or more of those categories. There is no standard to compensate for pain and suffering, so the amount is left to the judgment and discretion of the jury in each case to decide what is fair and reasonable.

How to Help Your Case and Get Compensation for Pain and Suffering

To increase chances of your being fairly compensated, you should keep a record of the frequency, severity and duration of your pain and the emotional distress you are undergoing. Take photos and videos of your injuries and keep a daily journal and record information on:

• The location and severity of your pain
• Any negative thoughts and emotions and mental anguish
• Your concerns about your health, your family, and your finances
• Effects on your work, family, social life and relationships
• Effects on your sleep and general health
• Embarrassment and indignity you suffered from being disabled or disfigured.

In addition, it is important to get testimony from:

• Experts in pain and suffering who have worked with accident victims
• Your medical providers and therapists
• Mental health professionals about symptoms such as insomnia or anxiety
• Friends and relatives who knew you before and after the accident.

This information is essential when dealing with an insurance claims adjuster, a mediator, or a jury or judge to convince them of the need for a maximum damage award. The more categories of pain and suffering you are experiencing and the more permanent and serious your symptoms are, the more your case may be worth. 

Other factors that may affect the amount of your settlement include:

• The extent and permanence of your injuries
• Whether you will need continuing care
• Your age, family responsibilities, and earning capacity
• The effect on your enjoyment of life
• Whether you have suffered disfigurement such as scarring or a loss of a limb
• Whether the pain interferes with your ability to work and earn money
• If you are suffering mental anguish or emotional problems, and whether they are likely to continue into the future.

Getting optimum compensation for pain and suffering is difficult, but you can count on our attorneys to aggressively fight for what you deserve. Call us today at 251-444-7000 to get started.

How Our Attorneys Can Help You Get an Award for Pain and Suffering from a Car Accident

Since there are no fixed dollar amounts for pain and suffering, the skill of your attorney is particularly important. Our lawyers know how to build your case to prove another party was at fault and is liable for your damages, find witnesses for testimony, and negotiate with insurance companies for maximum compensation. Most cases are settled out of court, but we are fully prepared to take your case to trial if necessary.

We can help by:

• Evaluating the damages you have suffered because of the accident and determining what your case should be worth
• Preparing a “demand letter” that states what compensation you are seeking from the responsible party or their insurance company
• Finding all responsible parties and possible defendants
• Gathering evidence, such as videos from traffic cameras
• Interviewing witnesses, police and first responders
• Obtaining police and medical reports
• Filing all necessary paperwork
• Consulting expert witnesses
• Handling all correspondence and negotiating with insurance companies and other attorneys
• Taking your case to court and arguing it in front of a judge or jury if necessary.

Call Our Car Accident Lawyers for Help

If you or a loved one has been injured or someone has died in a car accident, it’s important to call our lawyers as soon as possible.  According to Ala. Code § 6-2-38 (l), Alabama has a statute of limitations that sets deadlines for filing personal injury lawsuits. For injuries sustained in an accident, a lawsuit must generally be filed within two years. If the injuries were inflicted intentionally, the victim has up to six years to file. The sooner you call us, the sooner we can get to work on your case while evidence is fresh and witnesses can be found.

To schedule your free case evaluation, contact a lawyer at Caldwell Wenzel & Asthana by calling (251) 444-7000 today.