A car accident can be a devastating and life-altering experience. It can affect your physical health as well as your mental health. A car accident can prevent you from living the life that you were accustomed to—including working at your job, being able to play with your children, or even just having the same emotional stability as you did previously.
Pain and suffering are often difficult to place a dollar amount on because while some pain may not hinder one’s ability to work and earn a living, it can still significantly lower one’s quality of life. However, this does not mean that you shouldn’t try to pursue it with a skilled personal injury attorney. Unfortunately, insurance companies will do everything they can to prevent you from being compensated so it’s good to be as prepared as you possibly can.
Because pain and suffering can be so subjective in a personal injury case, it’s important to know what causes pain and suffering claims to be denied.
Here is an explanation of how pain and suffering are calculated and a couple of examples of how pain and suffering can be denied in a personal injury case.
How Pain and Suffering are Calculated
Pain and suffering is a complicated claim to calculate in a court. There is no precise formula and it can largely depend on the circumstances of the case. The extent of the victim’s injuries and the pain that resulted due to the accident will be considered. The duration of the suffering as well as the victim’s age and whether they had a pre-existing health condition that contributed to their pain and suffering are also considered. If a victim’s pain and suffering are due to mental anguish, it will be examined whether they sought treatment from a mental health professional.
- Mental or emotional injuries may include the following:
- Grief
- Fear
- Fright
- Terror
- Worry
- Nervousness
- Apprehension
- Shock
- Insomnia
- Indignity
- Humiliation
- Mortification
- Embarrassment
- Anxiety
- Irritability
- Emotional trauma
- Emotional pain of losing the enjoyment of life
Why Pain and Suffering May be Denied
Insurance policies are full of fine print that indicates what they are willing to cover and what they aren’t. If an insurance policy excludes coverage of pain and suffering based on a technicality within the legalese of the document, your claim can be denied.
It’s also important to see a doctor right away for your injuries—both for your physical and mental health. If you haven’t sought mental health treatment immediately, an insurance company can possibly assert that the pain and suffering weren’t enough for you to ask for help and then can deny the claim.
Are you experiencing pain and suffering after a recent accident in Georgia? You may be entitled to compensation. Hire a legal team that understands your rights—call the Fry Law team at 404.969.1284.
