If you have been in a car accident and suffered physical injuries as a result, you undoubtedly have a pile of medical bills and probably lost wages that are all adding up. If the car accident was not your fault, then you may already know that the other driver will be responsible for paying for your medical bills, lost time from work and other special – or economic – damages. We all know, however, that physical injuries are not the only consequences of an auto accident. Whether it was a relatively minor accident or a catastrophic collision, there are emotional and mental injuries that go along with the physical injuries that we suffer. You may be wondering how those injuries factor in to any settlement or jury award that you may receive from your auto accident case. According to auto accident attorney Emery Ledger, of Ledger & Associates in California, pain and suffering damages can vary tremendously from case to case and from jurisdiction to jurisdiction.
The laws of personal injury can vary from state to state. For instance, some states still use a system for determining negligence called “contributory negligence”. Under contributory negligence, if your actions “contributed” at all to the accident, then you cannot recover anything for your injuries. Most states, however, use “comparative negligence”. Under a comparative negligence system, negligence – or fault – can be apportioned among all the parties to the accident. In other words, if your actions were 10% responsible for the accident, then you can only recover 90% of the value of your injuries. California is one state that uses comparative negligence, according to Attorney Emery Ledger. Each state may also have slightly different laws regarding what is included in the “pain and suffering” portion of your auto accident case. In California, for example, pain and suffering damages are referred to as “non-economic damages” and can include: physical pain – both past an future; physical impairment; mental suffering; loss of enjoyment of life; disfigurement; emotional suffering; inconvenience; grief; anxiety; humiliation; and loss of consortium (loss of spousal companionship and services).
What you are entitled to for pain and suffering is very case specific, but there are certain things to consider when evaluating your pain and suffering damages. For instance, the type and extent of your physical injuries will generally have a direct relationship on your pain and suffering. If you were seriously injured or if you will need long term treatment, then it is reasonable to expect that you had more pain and suffering as well. Sometimes, though, a small injury can have a huge effect on someone. Imagine a professional athlete that suffers a broken knee in an auto accident. For most people that might not be a life changing event, but for a professional athlete it could be the end of a career. “Who the plaintiff is can be as important as what injuries they suffered” says attorney Emery Ledger, of Ledger & Associates. Your auto accident attorney must consider what a jury would likely award you if your case were to go to trial when deciding what to ask for in compensatory damages and while attempting to reach a settlement with the insurance company. An auto accident attorney knows how juries in your community are inclined to behave. Do they tend to be sympathetic to car accident victims or do they tend to favor defendants? Do they award large verdicts or are they conservative in their awards. Jury behavior is a science into itself, and only an experienced auto accident attorney can give you advice on how they are likely to behave.
All of these factors need to be considered when determining how much your pain and suffering is worth in your auto accident case. As you can see, the value of your case is very case specific and the best way to get an idea of what your individual case is worth is to consult with an auto accident attorney in your area. If you would like to have attorney Emery Ledger evaluate your auto accident case, please contact his office at Ledger & Associates, 1-800-300-0001 or contact him online at www.ledgerlaw.com
