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Legal rights and compensation

Can I sue after a car accident for pain and suffering?

Updated on June 1st, 2023

Suing post car accident for pain and suffering: An in-depth guide

If you're wondering, "Can I sue for car accident pain suffering compensation?" this article is for you and have helpful tips.

Two cars colliding with city in background

Getting involved in a car accident can take a severe toll on both the body and mind. For many victims of such auto accidents, the physical pain they experience is only one part of a larger picture that includes,

  • emotional trauma
  • anxiety
  • depression
  • loss of enjoyment of life

These type of injuries can be hard to get substancial financial compensation for but they can be done with the right attorney law firm representation introduces.

Preconditions to successfully suing someone after a car accident

There are two main factors to consider when it comes to answering can you sue after a car accident.

Firstly, was the other driver at fault? In order for a claim like this to be successful, negligence or recklessness on behalf of another driver must be demonstrated.

Secondly, did you suffer any injuries as a direct result of this accident?

If both criteria are met - fault on behalf of another driver plus sustained injury - then suing after a car accident for pain and suffering may be possible.

The role of personal injury laws and regulations

Injuries resulting from car accidents can be emotionally distressing and affect your physical well-being significantly. Proving that the crash caused extensive harm is essential before suing for car accident compensation.

There are other laws like status of limitation, fault and no-fault, who can be sued, financial limit, etc.

However, bear in mind that personal injury laws regarding most of above vary depending on local regulations. For example, Texas operates under a "modified comparative fault" rule which you can find under Texas Civil Practice and Remedies Code: Section 33.001. This means you can recover damages in a lawsuit as long as you were not more than 50% at fault for the accident.

Therefore, it's advised to seek professional assistance from a lawyer specialized in personal injury cases to provide specific advice catered to your location.

However, since determining fair compensation payments can be difficult due to its subjective nature (i.e., how much should someone receive specifically from overcoming mental anguish?), working with qualified legal professionals is highly recommended as the best route when suing someone after a car accident for pain and suffering.

Methods of calculating pain & suffering damages

Calculator on top of dollar bills and notepad and pen next to them.

Calculating pain & suffering damages isn't straightforward since there isn't any formula set up explicitly for this purpose. Typically two approaches are used - Multiplier Method or Per Diem Method.

The multiplier method

The multiplier approach estimates damages based on incurred financial losses like medical expenses or lost wages by multiplying them with a set value (usually between 1.5 - 5x).

The per diem

This method assigns daily dollar values based on the duration of suffering multiplied by the number of days suffered since the accident occurred.

Tips for building a strong compensation claim

To build a stronger case when you want to sue someone after a car accident for pain & suffering, implement these following tips:

  • Pain journal - Navigating the post-accident landscape can be overwhelming - but there are steps you can take to protect your legal rights when you sue after an auto crash. One such approach is keeping a detailed "pain journal" outlining daily experiences with discomfort and emotional distress resulting from the accident. This journal can be an essential support tool that your attorney can use when suing after a car accident for your pain and suffering.
  • Document your injuries - Keeping detailed records consisting of photographs capturing all injuries sustained during the incident along with comprehensive medical reports containing doctors' notes offering an insight into treatment options received.
  • Address the psychological impact of car accidents - To address psychological or emotional aspects arising from accidents, it is advisable to consult with mental health professionals. Statements from friends and family members who have witnessed how you have been impacted by events may also provide useful supporting documentation when you're considering suing for a car accident.

The role of personal injury attorneys in maximizing compensation

Group of lawyers in a law office

Crucially, engaging an experienced personal injury attorney specializing in car accidents is another essential move to maximize pain and suffering compensation awards that you might receive through legal channels.

The right law firm will be able to guide you through all parts of the lawsuit process while helping build a strong case when suing after a car accident for negligence.

Remember that these attorney offer free consultation and handle auto crash cases on a no win no pay basis.

Understanding compensation factors and comparative negligence

The amount of compensation that might be received for pain and suffering after a car accident depends upon many factors including; the severity of injuries sustained, how long symptoms persist, and whether there have been any long-lasting or permanent effects on your life post-accident which could limit employment prospects or social connections.

Understanding comparative negligence is one such factor – basically meaning that if you were partly responsible for the accident, any subsequent payout may be reduced accordingly.

Additionally, it's essential to investigate whether your state operates under comparative or contributory negligence laws when it comes to awarding damages for accidents caused by partial fault – as this will impact the amount of compensation you're likely to receive when you sue after an auto crash.

Speaking to a car collision injury law office in your state is one of the best place to start as they will be able to answer that for you.


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Insurance Negotiations and the importance of legal assistance

Having little concerns for what is just and appropriate when it comes down to paying out settlements rightfully due in these situations - making sure that you have access to expert legal assistance will invariably help level up the playing field during negotiations on these complex issues.

This is especially important when you're suing after a car accident for pain and suffering.

Conclusion: The uphill battle of suing for pain and suffering after car accident

Person climbing steep hill

Can I sue for car accident pain and suffering compensation? The answer is yes, and this guide provided the key considerations for your journey.

However, suing for "pain and suffering" damages after a crash might can be an uphill battle but with thorough documentation of your injury and having the backing of a skilled attorney for car accident in your corner, you can increase your chances of getting the compensation that is rightfully yours in full.

Emmanuel Okeke, Legal content writer and reviewer

About the Author

Emmanuel Okeke

Legal writer & reviewer

Emmanuel is a legal editor and contributor with over 10 years of experience working in the legal field.

He brings the experience that he gained from working with injury law firms on how to gain and better serve their clients and his personal experience as a victim of a car accident.

"I hope that my articles will help you get the information you are looking for."