When a huge truck hits a car, the truck always wins. After all, tractor-trailers can weigh as much as 80,000 pounds – that’s 40 tons. This type of collision can obviously lead to incredibly severe physical injuries. But they can also result in years of mental anguish as well. Victims of truck driver negligence can obtain compensation not only for their physical pain, but their mental suffering as well.
If you are experiencing pain and suffering after a truck accident, please don’t hesitate to contact The Eberst Law Firm. We know how to recover pain and suffering compensation for our clients, and we have an extensive track record of success doing just that. Use our online form or call 888-CALL-JON for a free consultation.
What is Pain and Suffering Compensation?
Emotional pain can be just as debilitating as an injury. When this pain is caused by someone else’s negligence, such as a truck driver, that falls into the category of pain and suffering. This is the loss of happiness, comfort, or opportunities as a result of the accident.
A lot of people roll their eyes at the very concept of pain and suffering – until it happens to them. It’s hard to look past the tangible aspects of an accident and understand there are more subjective types of damages that an accident victim should be able to pursue. That’s just one of the many reasons why you need to contact an experienced attorney as soon as possible if you or someone you know has been involved in a truck accident.
How is Pain and Suffering Compensation Calculated After a Truck Accident?
You may think it would be impossible to put a dollar value on mental and emotional anguish. But insurance companies do this all the time after an accident occurs. In most cases, insurers will multiply the dollar amount of medical treatment by anywhere from one to five when calculating pain and suffering damages.
Say, for instance, your medical bills after a truck accident will total $100,000. Yours may be much higher than this, but let’s just use that number for simplicity’s sake. If the insurance company calculates your pain and suffering at four times that amount, that would, of course, be $400,000. That would make your total compensation $500,000.
In order to be able to obtain the maximum pain and suffering compensation, however, you’ll need to document all of the treatment you’ve received – for both your injury as well as the mental suffering you’ve experienced. Not only do you need proof of your medical expenses, you’ll also need proof of your mental health expenses as well. If you’re dealing with psychological trauma, you’ll need to get help from a mental health professional.
Types of Pain and Suffering Victims Go Through After an Accident
There are actually two kinds of pain and suffering – physical as well as mental. The best way to understand the differences will be to look at certain scenarios that can lead to both.
Take the example of a man who suffers a severe back injury in a trucking accident. He’s going through a lot of things he’s never had to deal with before. He can’t sleep, and he’s taking so many medications for pain that he’s lost his appetite. Since he can’t walk, he’s embarrassed to be around anyone, even friends and family – and he’s depressed and angry because of his embarrassment.
The physical pain and suffering is the actual pain occurring as a direct result of the injury. The mental pain and suffering is everything else he’s experiencing – the depression and anger. Other types of mental pain and suffering include the following:
- Loss of enjoyment for living
- Loss of consortium
Any type of negative, debilitating emotion that an accident victim experiences can be considered mental pain and suffering.
Looking at How Much Your Quality of Life Has Changed
Loss of quality of life is one of the aspects of mental pain and suffering that is considered to be an example of non-economic damages. These are the subjective damages that accident victims may be able to pursue. Insurance companies typically calculate them by determining how much an accident victim’s quality of life has changed.
Can you enjoy the same activities you did before you were hurt? Can you play golf? Or walk around the grocery store or shopping mall? Can you perform the basic, everyday activities, such as dressing and bathing yourself, that you were able to do before the accident?
Pain and suffering is real – it can impact your life in ways you might not have imagined possible. At The Eberst Law Firm, our attorneys will make sure your pain and suffering is carefully considered so that we can help you obtain the maximum amount of compensation possible.
How Other Damages Play into Your Pain and Suffering Compensation Amount
Economic damages (tangible damages such as medical bills, prescription costs, lost wages and others) will often be factored into calculating pain and suffering damages.
You may, for instance, be depressed because of your lost wages – because you’re no longer able to work. This could lead to anger, causing you to lash out at your loved ones and damaging those relationships. The stress caused by an accident can be overwhelming. If it gets to be too much, your marriage could possibly end.
Contact an Attorney to Ensure You Receive the Most Compensation Possible
The best way to prove you deserve pain and suffering compensation is to work with a skilled attorney. At The Eberst Law Firm, we’ve been helping clients obtain this type of compensation for several years. We will make sure that every part of your life that has been negatively impacted by your accident will be taken into account when it comes to determining the amount of money you may be able to obtain.