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How to calculate car accident pain and suffering damages

If you are part of a car accident, there may come a point when you attempt to seek compensation from the negligent party.

While medical bills and property damage are easy to evaluate, the same doesn't hold true with pain and suffering. There is a lot of gray area here, which makes it nearly impossible to establish a standard of practice.

The court will take into consideration a variety of factors when calculating the amount of damages resulting from pain and suffering. These factors include but are not always limited to:

  • Severity of the injuries you suffered
  • Nature and location of any disfigurement or scarring
  • Recovery period and type of treatment required
  • Potential for ongoing health concerns
  • Personality of the injured party

In other words, there is no way of knowing exactly what the court will be looking at when determining if and how much money you should receive for pain and suffering.

It's important to collect any evidence that shows you are dealing with serious pain and suffering as the result of the accident. For example, if you have been examined by a mental health professional, this information could come in handy as your case moves forward.

With so much to think about after a motor vehicle accident, it can be a challenge to turn your attention to the right strategy for obtaining compensation for pain and suffering damages. Even though you have a lot on your mind, you'll want to learn more about your legal rights to ensure that you do whatever you can to obtain the compensation you deserve.

Source: FindLaw, "Car Accident Pain and Suffering Damages," accessed Nov. 07, 2017

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