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Featured / 12.11.2021

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

If you’ve been in a car accident in Idaho, the last thing you want to think about is whether or not you can sue for pain and suffering. But if your injuries are severe enough, there’s a chance that the court will award damages for those as well.

The best way to determine how much money you’ll make is by consulting with experienced Idaho Car Accident Lawyers. They’ll be able to walk you through the entire process and highlight any steps that can help increase your chances of receiving compensation for pain and suffering after a car accident. 

What is Pain and Suffering in Car Accident Cases?

Pain and suffering refer to the physical or emotional pain you experienced due to your car accident.

There are two types: physical pain, which is more easily quantifiable, and emotional distress, which can be harder to define (and prove). You’ll need to show evidence that demonstrates how much money it will take for you to be “made whole” again.

evidence of pain and suffering includes:

  • Fractures of the face, skull, or spine
  • Disfigurement that is considered “permanent.” can either be a complete loss of function on a body part (for example, an arm) or something like scarring.

It’s good to understand how much money you could make from your potential lawsuit, but before pursuing claims related to pain and suffering after a car accident, be sure that the case is strong enough for a judge or jury to agree with it. You don’t want to go through the entire claim process only to find out that your case isn’t strong enough for the court to award damages.

What are Some Factors a Court Considers When Awarding Pain and Suffering?

A judge will consider many different criteria before determining how much the plaintiff should receive in damages for their injuries. The most crucial factor is how severe the injury was, including:

  • Whether or not it resulted in permanent damage to an arm, leg, etc. Suppose the injury prevents the plaintiff from being able to work.
  • How much medical treatment was required due to the accident, and how long it lasted (i.e., months)?
  • Whether or not they involve any surgeries and if the surgery was successful?

How Much of a Difference Does it Make if The Injuries were Permanent or Temporary?

If an injury is considered “permanent,” that means it’s never going to go away and will likely affect your ability to perform everyday tasks for the rest of your life. 

If you’re not able to return to work at all, there’s a good chance that you’ll receive the highest award possible for your pain and suffering

If it is “temporary,” then there’s a better chance that the judge will only grant damages up to an amount where you should reasonably be expected to recover (i.e., they won’t give you more than what would make up for any lost wages).

It is possible to sue for pain and suffering after an accident. The number of damages awarded will be based on the severity of your injuries, but remember that there are limits in place, so you don’t receive an unfair award. It’s good to have strong evidence for increasing your chances of success when pursuing a claim related to pain and suffering after a car accident.

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We are Idahoan, and we represent our people. Our attorneys stand ready to adeptly represent your interests, navigating the complexities of your case every step of the way.

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