In this car accident attorney’s office, a lot of people who come in, tend to think that, if they file a lawsuit, they’re automatically entitled to damages. They figure, worst case, the defendant’s insurance company will offer some sort of settlement. And, while more than 95% of all car accident lawsuits do eventually settle, not every case has merit.
If you were the driver who caused the crash, you aren’t going to be entitled to damages. Or, if you can’t prove that you were hurt, there’s no way the insurance company is going to offer you a settlement. In order to have any shot at receiving compensation for your damages, it’s a good idea to retain an experienced Atlanta car accident attorney.
What Exactly is Pain and Suffering?
Pain and suffering are meant to compensate you for any mental or physical anguish you experience as a result of your car accident. It can include both physical pain and mental distress. Typically, this is something your doctor can attest to. For example, your Atlanta car accident attorney can submit a copy of your medical records. If this shows that you needed multiple surgeries or physical therapy as a result of your injuries, it can help demonstrate your physical pain.
You may also need psychological care after your car wreck. You may possibly suffer from post-traumatic stress disorder if you’re involved in a very serious car accident. Your psychologist can testify to this fact. Perhaps you are severely depressed because the accident left you paralyzed. Or you may not be able to work due to your injuries and this has caused you to lose any semblance of self-esteem. Your Atlanta car accident attorney understands what it takes to prove this type of damages. And the defendant’s attorney or insurance company also understands this to be the case. It’s something that will be taken into consideration during settlement negotiations.
Can You Receive Pain and Suffering if You Didn’t Experience Any Physical Injuries?
As mentioned above, you don’t necessarily need to suffer any physical injury in order to demand pain and suffering. If your accident is traumatic, you may end up with PTSD. Or you may end up suffering from depression and anxiety. Of course, this type of injury is a lot harder to prove than a physical one. If you walk into a courtroom in a wheelchair or wearing a halo, the jury will be able to see what kind of physical shape you are in.
The same cannot be said for mental distress. Therefore, if you don’t suffer any physical injury, do not count on receiving damages for pain and suffering. But that doesn’t mean your Atlanta car accident attorney won’t try to get you this type of compensation.
Every case is different. Until your lawyer gets a chance to review your case in detail, they won’t know for sure if you may be entitled to pain and suffering. And, until your case settles, they won’t be able to tell you exactly how much you’re entitled to.
Contact a Skilled Atlanta Car Accident Lawyer Right Away
At some point in our lives, most of us will be involved in some sort of car accident. Thankfully, most of these are minor. You may not suffer any serious injuries. The biggest bruise may be to your ego. There are other times, however, when car accident victims end up in the hospital or the emergency room with life-threatening injuries. Either way, the only way to know if you have a valid claim for damages is to talk to a skilled Atlanta car accident attorney right away.
As soon as possible after your crash, you should call and talk to an experienced car accident attorney in Atlanta, Georgia. You can set up a date and time to talk to a seasoned lawyer who’s handled dozens of cases just like yours. They’ll ask you to tell them what happened in your accident. They’ll also answer any questions you may have. However, what they cannot do is guarantee you that you’ll receive any sort of damages. This includes damages for pain and suffering.
Until your attorney talks to the defendant’s insurance company, they won’t even know if they intend to pay part or all of your claim. They also need to find out what the other driver’s lawyer has to say. Once they do this and review your medical records, they’ll have a better idea of what you may be entitled to. That’s why it’s best to call and schedule your free, initial consultation as soon as possible after your crash.