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What falls under pain and suffering in a car accident?

On Behalf of | Jun 21, 2021 | Blog, Car Accidents |

Auto accident injury claims in Missouri are generally comprised of specific elements when financial compensation is being determined. Claims primarily begin with special damages for medical bills and property damage. They are termed “special” because the total amount can be expressed in specific discreet numbers based on the calculation of all medical treatment costs and the actual value of a totaled vehicle. Lost wages due to the injury are also listed in this category because they, too, can be expressed in exact numbers. Beyond the detailed financial reimbursement, there are also, typically, some allowances for general or even punitive damages for pain and suffering due to the problems the injury will cause for the claimant as life goes on.

Whole compensatory damages

The pain and suffering element of motor vehicle accident (MVA) injury claims is actually what provides a victim with financial restitution after the case is adjudicated in most situations. They are still considered compensatory by the court even though they are essentially noneconomic in nature. The severity of the injury is central to determining the final amount as ongoing problems stemming from any type of bodily injury can be included. Courts typically employ either the per diem or multiplier method based on the total amount of medical expenses.

Type of injuries matter

One of the primary issues when pain and suffering damages are being negotiated is the degree and severity of injury. Lost limbs, paralysis and other catastrophic bodily injuries can be the basis for larger pain and suffering claims. Some states actually allow general problems from dealing with the injury throughout one’s life after the fact to be included. This means that even moderate injuries will have some level of pain and suffering general damage allowance. In addition to damages for bodily injury, mental anguish can also be claimed to help reach an amount that is equitable with the actual damage done due to any accompanying bodily injuries caused by the MVA.

The truth about pain and suffering compensation is that allowances can differ widely. All accidents are unique in some particular aspect when injuries are evaluated for compensation. Reaching an exact equitable amount can be achieved in several ways, and having an experienced Missouri auto accident injury attorney assisting in calculating a proper amount can be a real advantage for injured claimants.