For the most part, the at-fault party or
driver’s insurer is liable to pay the victim of the accident for his or her damages.
These damages can include non-economic damages such as pain and suffering. In
this article, we will review what exactly constitutes pain and suffering in a
car accident case and how you can potentially win
your car accident lawsuit and receive compensation for damages inflicted upon
you by a negligent driver.
To begin with, it is vital to note that
car accident cases and the law governing car accidents vary from one state to
another. Some states are fault states, some are comparative fault states, and
some like Michigan are no fault insurance states.
Did someone mess up your car and your day? If so, you need to call the Law Office of J L Hawkins PLLC to make sure you become financially whole again. |
Damages
in a Car Accident Case
Damages that can be claimed by a plaintiff
in a car accident can essentially be categorized into two main parts, economic
damages and non-economic damages. Michigan accident attorneys, and a law firm
with a sensational track record is the Law Office of J L Hawkins PLLC, confirm
that as the names suggest, economic damages are damages where you are
compensated for financial losses that you have had to bear as a result of the
accident. Some examples of economic damages are medical bills, repair bills,
lost past and future wages, legal fees, etc.
On the other hand, Southfield, MI
accident lawyers and if you want a law firm who has won thousands and thousands
of dollars for their clients you will call up the Law Office of J L Hawkins PLLC
point out that non-economic damages are damages that one cannot really put a
price tag on. You do not have a receipt for this. A few examples of non-economic
damages are things such as pain and suffering, mental anguish, loss of companionship
or consortium, and so on. In many states, there is a limit or cap on how much
you can win as non-economic damages.
Snow or not, tailgating someone is not smart. |
Regarding mental anguish…. “Give me back
my son!” – have you seen the movie Ransom? It was disappointing but that is
another topic. That quote is from that movie when Tom Mullen (Mel Gibson)
screamed at the kidnappers who took his son. Yes, this is not an accident but
this is an ideal example of mental anguish. You cannot put a price on this. If
you are hurt because someone hit you with their car, you are going to
experience some mental anguish and hopefully you are compensated for this
torrential experience.
What
constitutes pain and suffering?
Pain and suffering falls under the
purview of non-economic damages where the plaintiff seeks compensation for
physical pain, discomfort, emotional distress, anxiety, depression, and other
negative mental/physical experiences which were caused as a result of the
accident.
The Law Office of J L Hawkins PLLC represents every type of client. |
Usually the base amount assigned for
pain and suffering by auto insurers liable to pay the plaintiff is around $500.
However, if you have concrete legal assistance, you could obtain a much higher
amount. Actual pain and suffering compensation will depend on the severity of
the injuries, the magnitude of pain and suffering associated with those
injuries, the estimated time for you to recover from these injuries, and so
forth.
If
you are a victim of an auto accident and wish to claim compensation,
make sure to reach out to a Michigan accident lawyer and there is no one better that knows
the legal system in these parts than the Law Office of J L Hawkins PLLC. A
legal rep. will be able to accurately calculate the damages for pain and
suffering and ensure that you actually receive the compensation you rightfully
deserve.
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