Personal Injury Blog

How Do You Calculate Pain And Suffering In A Personal Injury Case?

How do you put a price on something you can't see? That's the dilemma of determining how much money pain and suffering is worth in a personal injury settlement.

When you've been injured because of someone else's negligence, you have a right to seek compensation from the responsible party's insurance. If you can prove that an accident was really their policyholder's fault, the next step is to show how much money the accident cost you.

Those costs are called “damages” in a personal injury case.

Proving financial damages, for things like medical bills, lost wages, and vehicle repairs, is simple enough. It's just numbers. But a personal injury claim should also include compensation for your pain and suffering, which is different. 

Who Pays Your Medical Bills If You're Injured In A Car Accident In Florida?

If you've been injured in a car accident that was someone else's fault, you'd expect their insurance company to pay your medical bills. 

Indeed, you could get a settlement with the insurance company that includes reimbursement for your medical bills. But they're not going to write you a check every time you go to the doctor.

Any settlement from an insurance company would only come AFTER you're mostly recovered, no matter how clear it is that someone else is at fault for causing the accident.

So, how do you pay your medical bills before you get a settlement? In Florida, you start with your own auto insurance policy.

How Do You Prove Negligence In A Personal Injury Case

If you want to get a settlement after being injured in an accident, there needs to be evidence of negligence to prove that the accident was someone's fault. Negligence has four elements: duty, breach of duty, causation, and damages.


Also called “duty of care”, this is a person's responsibility to “exercise reasonable care” and not injure someone.

Texting And Driving Makes Car Accidents More Likely

You are 600% more likely to get into a car accident when you're distracted by your cell phone while driving, according to the Virginia Tech Transportation Institute.

Distracted driving accidents, such as those caused by texting and driving, are entirely preventable. Just give your full attention to driving.

Everybody knows they're supposed to do that, but look around next time you're in traffic and you'll probably see plenty of people looking at their cell phones instead of paying full attention to the road!

And the consequences of driving distracted can be extremely serious. According to the National Highway Traffic Safety Administration, in 2015 distracted driving was a major factor in 3,477 traffic deaths and 391,000 injuries.

What If You're Injured In An Uber or Lyft Accident?

Ridesharing services like Uber and Lyft have become very popular in recent years. Tap your phone a couple times and a car will show up wherever you are and take you anywhere you want to go. It's super convenient.

With so many rides happening, there are sure to be accidents. What if you're a passenger in an Uber or Lyft and are injured in an accident? Who pays for your medical bills?

Get Medical Treatment

Firstly, the most important thing to do following any injury is to get medical treatment. Even if you don't think you're seriously injured, you should still see a doctor. Often injuries to the body's soft tissue don't seem so bad at the time of the accident, but they get worse later. Failing to get treatment right after the accident can cause you more pain and a longer recovery time.

What Can You Do If Your Dog Is Injured In A Car Accident?

Dogs love to ride in the car with their human families, some cats do too. And us humans love to have them with us. But what happens when your furry friend is injured because they're in the car when you get into an accident? 

In the eyes of the law, pets are considered property, so being reimbursed for the cost of your pet's medical bills is the same as being reimbursed for damage to any other property.

Of course, to their owners, pets are more like members of the family than property. They give you endless amounts of love, laughter, and comfort. If your pets is injured in a car accident, it could feel like one of your own children is injured. And in addition to the emotional toll, the financial cost associated with treating your pet's injuries can be significant.

So, what do you do? Here are the places you should look following a car accident that injures your four-legged companion:

Your Insurance

If the accident was your fault, follow your insurance company's process for making a claim, which will require submitting a copy of the police report and the bills you incurred as a result of the accident.

3 Mistakes to Avoid After a Car Accident

A car accident is stressful event. Damage to your vehicle is an inconvenience, but that's nothing compared to the bodily injury and pain you may experience. It often leads people to not think clearly after the crash and make mistakes that hurt their chances of getting fairly compensated for their injuries.

Here are some common mistakes to avoid following a car accident so you can protect yourself from further damage:

1. Not going to the doctor.

Even if you think you're not injured, you need to see a doctor because the adrenaline could be masking your pain and making you think you're not as badly hurt as you are. Injuries can get worse in the days and weeks after an accident. If you think you're injured even a little, GO SEE A DOCTOR! Don't let concerns about cost or anything else keep you from getting medical treatment.

How Long Do You Have To Get Medical Treatment After An Accident?

How long will you need to go to medical treatment for an injury you received in an accident caused by someone else's negligence?

Following an accident you have to go to treatment for as long as your doctor, chiropractor, or other medical provider tells you to, which will depend on the severity of your injuries.

Everybody heals at a different rate, and there are a million different ways you could be injured, so it's not possible to say how long your treatment will take.

When Should You Hire A Car Accident Lawyer?

If you've been injured in a car accident that was someone else's fault, you should hire a car accident lawyer as soon as possible.

Being injured in even a minor way makes for a difficult and stressful situation. Your health is the most important thing in the world. It's the one thing that, if you don't have it, nothing else matters. What good is money and the things it can buy if you're not physically well?

Getting healthy after being injured in a car accident is of the utmost importance. It could take multiple doctor's visits, physical therapy, and medication to do that. You'll need to get the insurance company of the driver that caused the accident to pay for your medical bills as well as reimburse you for pain and suffering and pay for repairs to your vehicle. 

Dealing with insurance companies and getting the results you need can be a challenge. You may not be able to get everything you're entitled to by working with them on your own. An attorney who's experienced with car accident and personal injury cases could help you get what you deserve. They will know how to establish negligence and document evidence that supports your case.

5 Things To Do After You're In A Car Accident

We all hope that we never get into a car accident, but most of us will be involved in one at some point. According to the National Highway Traffic Safety Administration, there are about 6 million car accidents every year in the United States.

If and when it happens to you, it will be a stressful event and you will likely have a million concerns and questions going through your mind. You may feel confused and have a hard time thinking logically, so here are five things you should do following a car accident:

1. Don't leave the scene of the accident.

You're not supposed to leave the scene of an accident even if it's just a fender bender. If you hit someone else and leave, that's considered a hit and run, which is a felony in states like Florida. Whether you're at fault or not, you need to stay at the scene of the accident until the police come.

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Amerihope Alliance Legal Services is a leading loan modification and foreclosure defense law firm with attorneys licensed in 5 states. We have helped over 7,000 homeowners fight back and keep their homes.

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