Being involved in a car accident can be traumatic. If the accident is significant, you could end up with serious injuries – and be out of commission for months.
What’s worse is that many people who suffer injuries in car accidents end up dealing with chronic pain, sometimes for years – and sometimes for the rest of their lives. Chronic pain ranges from mild to severe and can come in a variety of forms, but it can be both physically and mentally debilitating.
Is your chronic pain compensable from a legal perspective?
Car Accidents and Compensable Injuries
After a car accident, you should talk to a lawyer who specializes in personal injury law. Your lawyer will review the details of your case, including the extent of your chronic pain, and help you decide whether it makes sense to move forward with legal action.
If another party is deemed negligently responsible for the accident, they may be liable for damages including:
· Property damage. The party responsible for the accident is typically responsible for all property damage associated with that accident. If your car was totaled, for example, the defendant should be liable for compensating you for those expenses. This is also true for other items of personal property destroyed or harmed in the accident.
· Medical expenses. You’ll also be eligible to receive compensation for any and all medical expenses associated with injuries you sustained in the accident. This includes things like hospital bills, costs of prescription medications, and follow-up appointment expenses. You may also be eligible for costs associated with physical therapy to relieve your chronic pain.
· Lost wages. If your pain prevents you from going to work and making money, or if you can’t make as much money as you did before, you can win damages in the form of lost wages.
· Loss of consortium. Loss of consortium damages compensate you for any lost benefits associated with personal relationships. For example, if a spouse or parent suffers from chronic pain due to the accident, you may be eligible for loss of consortium compensation based on how your relationship with them has changed.
· Pain and suffering. The law permits awarded damages for subjective pain and suffering, too. Chronic pain can be excruciating, so it qualifies as compensable in many cases.
Chronic pain, specifically, can qualify you for compensation in many ways:
· Physical pain. The physical pain you experience may be hard to measure, but it’s an important factor to consider when negotiating a settlement.
· Mental anguish. The mental aspect of pain is also factored into the equation.
· Loss of enjoyment of life. Losing enjoyment in the things you used to love can be devastating, and it influences your “pain and suffering” compensation.
· Future medical costs. You may need more appointments and treatments in the future; the law aims to compensate you for them.
· Lost earning capacity. You can also win compensation for any lost earning capacity that’s linked to your ongoing pain.
The Nature of Chronic Pain
Chronic pain can be brutal. It can manifest almost anywhere in your body, it can exist in a number of types, and it can range from mild to overwhelming. To make matters worse, treatment options are often limited in availability and efficacy. Managing chronic pain is often a terrible ordeal, and compensation can only help you manage that pain so much.
How Much Compensation Could You Win?
How much compensation could you win for your chronic pain?
That depends on many factors, including:
· The nature of the accident. How bad was the accident? Is it clear that the other party was negligently responsible for the accident? Is it clear the accident was responsible for your injuries and chronic pain?
· The severity of the pain. As you might imagine, more severe pain is typically eligible for greater compensation. Significant pain and suffering can entitle you to greater damages.
· The impact on your daily life. How does your pain influence your daily life? Are there things you can no longer do or enjoy because of it? The more the pain negatively impacts your daily life, the more compensation you could potentially win.
· The psychological effects. Pain has significant psychological effects. It can lead you to depression, anxiety, and certain types of mental health disorders. If you suffer from these complications, you may be eligible for more compensation.
· Expert evaluation. Your pain and suffering will likely be evaluated by medical experts on both sides for this case. Their findings may influence your awarded damages.
If you’re looking to maximize the compensation you can win for your chronic pain, one of the best things to do is hire the best personal injury lawyer you can afford. Your lawyer can guide you through every step of the process – and support you along the way.
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