"Pain and suffering" is one of those legal terms that's entered the common vocabulary, leading many people to misunderstand or misinterpret its underlying meaning. If you've suffered injuries in a car accident, then it's likely that you're dealing with at least some pain and suffering. These effects can impact your case, but what's their true legal meaning, and why are they so hard to define?
Pain and suffering are among the issues an experienced attorney will evaluate when attempting to place a dollar figure on your case. Understanding how this process works will prepare you for your first few meetings with your lawyer and also help you set reasonable expectations for the outcome of your accident case.
Understanding Pecuniary vs. Non-Pecuniary Losses
Even if you've heard the terms pain and suffering, you might be less familiar with pecuniary and non-pecuniary losses. These legal terms of art help define easily quantifiable financial losses. Pecuniary losses cover many of the bills you can expect to pay in the immediate aftermath of an accident, such as medical bills, repairs to your car, and so on. Lost wages also fall under the pecuniary umbrella.
On the other hand, non-pecuniary losses are harder to describe and may cover a wide range of more contentious effects. Pain and suffering fall into this category. The rules for determining non-pecuniary losses vary between states, but many do not have a set formula to determine fair compensation for auto accident victims.
Determining the Value of Your Pain and Suffering
There's no easy way to put a price tag on the suffering that may result from the severe injuries of a traumatic auto accident. However, there are some general guidelines experienced attorneys will use to determine a realistic dollar amount for your case. These guidelines help them make demands the at-fault party is likely to agree to or, in a worst-case scenario, that you can win from a jury at trial.
In general, your non-pecuniary losses will relate to your pecuniary losses. In other words, you're more likely to receive a larger pain and suffering settlement if you have more severe injuries and higher medical costs. For example, injuries that cause permanent disfigurement, chronic pain, or work-related disabilities may also lead to larger settlements.
However, just because your injuries are relatively minor doesn't mean you aren't entitled to at least some non-pecuniary damages. Since insurance companies will often only offer initial settlements based on monetary damages, you should always consult with an attorney following any severe accident. An attorney will help you evaluate your case so you can receive what you're truly owed.
Reach out to a firm such as Neff Insurance Law, PLLC to find out more.
