Truck Accident

How to Determine Pain and Suffering in Truck Accident Cases?

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Truck Accident
Truck Accident

Truck accidents can often result in heavy destructions and severe injuries for the parties involved in the accident. If you get involved in such an accident you may sustain serious injuries. Along with the physical injuries, you may also go through severe pain and other emotional and mental stresses and sufferings. Hence, it is also necessary for you to get compensation for the pain and suffering you went through in addition to the amount you will receive for physical damages.

Is It Possible For You To Claim Money For Pain And Suffering?

The answer is Yes. California is a state which allows you to recover an amount for the pain and suffering you went through because of an accident. Hence, you will be able to recover money for the damages including mental trauma, emotional stress, anxiety, etc. that is caused by the accident.

However, determining an amount for pain and suffering can be a difficult task, as unlike other personal injuries, you cannot actually see pain. Also, there is no predetermined equation or rules in California to calculate the pain and suffering compensation.

Pain and Suffering

Truck accidents can cause severe damages, hence the pain you will have to endure will be more. The pain and suffering can be generally classified into physical and mental. These damages are categorized by the law as “General damages”. The injuries may vary from case to case and also in severity. It can range from minor cuts or bruises to fatal injuries. Hence, the pain and suffering will also vary based on the seriousness of the injuries.

How Insurance Companies Evaluate Pain?

When calculating the damages you suffered because of the accident, insurance companies will consider the fact that whether you went to a doctor or not. They will assume that if you do not consult a doctor, you might not be in pain. Hence, this will affect your claim.

Another thing insurance companies will take into consideration when calculating the pain and suffering is the severity of the injuries. If the injuries are severe, then the pain and suffering will also be more. In addition to this, they will also assume that the injuries that require more recovery time will also cause more pain and suffering.

Evidence That the Insurance Company Will Seek

The evidence that the insurance companies will take into consideration for calculating the pain and suffering includes:

  • Medical bills
  • Medical records
  • Photographs of injuries
  • Prescription records
  • Receipts for over-the-counter medications
  • Statement from the employer regarding lost time from work

If you want to calculate the pain and suffering compensation for including it in the lawsuit you file to recover money for the truck accident, then it is better to consult a truck wreck lawyer. He will help you to determine the right amount you deserve by analyzing your injuries and other related factors.

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