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Do You Automatically Get Pain and Suffering From a Car Accident?

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Filed under Automotive, Automotive Help, Editorial

Everyone who is injured in a car accident will suffer and have a certain amount of pain. Your pain may be severe or mild. However, our economic suffering may be severe even if you aren’t injured that badly. Insurance should pay for your medical bills and damages to your vehicle.  Certain circumstances must exist for you to get a significant amount of money.

Do you live in a fault or no-fault state?

The United States has two basic insurance laws; fault and no-fault. In a no-fault state, a person’s own insurance company will pay their bills. In a fault state, the person who is responsible for the accident will pay its associated costs.

California is a pure comparative fault state. this means that you can recover money from the other driver’s Insurance unless you are 100% responsible for an accident. This is fairly unusual as in most states, you would not collect damages if you were more than 50% responsible for the accident.

Most no-fault states will not take pain and suffering into account. However, just because California is a fault state does not mean you will automatically get pain and suffering compensation. The state can be more conservative when it comes to pain and suffering.

What constitutes pain and suffering?

Pain and suffering is a legal term that refers to the emotional stress that physical injury and economic loss can cause. If a person lost the use of their legs in a car accident, they would be compensated for the emotional pain that being a paraplegic would cause. The loss of their quality of life would also be taken into consideration.

How Pain and Suffering Damages Are Calculated

There is no set way to determine the amount of pain and suffering caused by an accident. The insurance company will take into consideration how long a person’s injuries last and the severity of them.

Some insurance companies may use a multiplier system to determine the amount of pain and suffering compensation you will receive. They will rate your pain and suffering on a scale of 1 to 5. They will then multiply your total amount of medical bills by that number. For example, if your bills were $2,000, and you have a pain and suffering rating of 2, you would get $4,000 for pain and suffering.

Other insurance companies may use a per diem method for calculating pain and suffering. This method involves using a person’s hourly salary to determine how much money they will get. The adjuster will try to establish how many actual hours of pain and suffering you have experienced. They will then compensate you for that amount of time at your normal salary. If you have 40 hours of pain and suffering and you make $20 an hour, you would be awarded $800 for pain and suffering.

A professional car accident attorney can assist you in getting damages for your property, compensation for your bills, and money for your pain and suffering. They will have years of experience in negotiating with insurance companies.

Having an accident is always a horrible experience but the right amount of compensation can help to ease the blow.


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