Not all personal injury cases are straightforward for victims. Even though physical pain is easier to prove because there's tangible evidence to gather, there are also mental and emotional responses that may come from an accident, including fear, anxiety, depression, etc.
Proving severe cases involving spinal cord injuries, for example, tends to be less complex, but what happens when the car accident claim involves things like mental pain or emotional distress?
Tennessee law has certain guidelines for calculating "pain and suffering" damages, and this can help victims recover money to pay medical expenses related to that matter. This article will cover the most important factors to consider.
What's Considered Pain and Suffering?
"Pain and suffering" involves many different things. Typically, people use that term to refer to any physical and mental discomfort that comes from an injury.
If a person can prove that their injury caused a loss of enjoyment or quality of life, they may be awarded pain and suffering damages. Unfortunately, proving pain and suffering cases is harder than regular ones involving economic damages, such as lost income or medical bills.
This is because this type of "suffering" encompasses factors that can be harder to calculate. The more severe a person's distress, for example, the more money they can claim, although not many people agree with that.
What can people do in these cases? Well, the best course of action would be to contact a professional attorney who can help calculate the value of the physical and mental discomfort caused by the injury. With the help of a professional, victims could be able to cover their lost wages and medical expenses.
How Does Someone Determine the Value of Pain and Suffering Damages?
First, it's important to understand what pain and suffering damages include, so here's an overview of the most common consequences of these cases:
Emotional pain
Mental anguish
Physical pain
Loss of companionship
Loss of enjoyment of life
Reduced quality of life
Scarring/disfigurement
Depression and anxiety
PTSD
Many lawyers and insurance companies in Tennessee use a formula to calculate an approximate value for pain and suffering damages.
In that formula, the pain and suffering damages get assigned a number from one to five. The more severe the injury and distress, the higher the number.
The formula would look like this:
(Economic damages) x (The number assigned to the damages) + (Lost income) = Estimated compensation amount.
It's important to note that the formula isn't perfect, but it can help victims get an idea of what they can expect from their economic and non-economic damages.
Is It Possible to Sue for Pain and Suffering in Tennessee?
Yes. Sometimes after a car accident, for example, the at-fault driver may pay for all the damages through their insurance policy. However, an insurance policy will probably fight back these claims because of how vague pain and suffering damages can be.
In these cases, the best chance the victim has of fighting back comes with hiring a professional vehicle accident lawyer in Nashville for help. These experts will help fight insurance companies to get the compensation the victim deserves for their pain and suffering.
Many factors can affect the formula for calculating pain and suffering damages, including:
The type and severity of the injury.
The treatment needed for the victim to recover (and how long it is).
The permanency of the injuries.
The amount of evidence available.
Finally, the lawyer's ability to negotiate a better settlement will affect the formula, which is why it's so critical for victims to contact a professional instead of trying to represent themselves.
Even though people can recover pain and suffering damages, there's a limit on how much they can get. In Tennessee, plaintiffs can recover up to $750,000 in damages.
If the injury involved severe cases like amputations, disfigurement, or even wrongful death, the limit can increase to $1 million.
What's the Statute of Limitations for Pain and Suffering Claims in Nashville?
Most of the time, victims of a car accident in Tennessee will have one year from the date of the incident to file a claim. However, if the accident involved a death, the surviving members will have a year from the date the person passed away to take legal action.
The best way to know how much time a person has to file a legal claim is to talk to someone who understands how the law in Tennessee works. Lawyers at Schuerger Shunnarah are more than ready to take personal injury cases involving pain and suffering damages, so the sooner the person can take action, the better. They can also answer questions like, "Can I be sued for car accident Tennessee?"
Can Victims Get Awarded Compensation Even If They Were at Fault?
Technically, people can recover economic/non-economic damages even if they were at fault, but there are certain rules to consider.
If the person's fault exceeds 50%, they can't recover damages. On the other hand, if they're less than 50% at fault, they can seek compensation, but the amount of money they get in the end will depend on what percentage of fault they have.
People who are 10% at fault for the car accident, for example, will get their compensation reduced by 10%. This is called "Comparative Fault."
Everyone involved in a car accident will try to convince the insurance company or jury that they weren't at fault for the accident, so even if the victim is convinced they don't have any fault, they should seek legal help to back up their claims.
The Importance of Working with a Reputable Lawyer to Get Compensation
Filing a personal injury claim is already very difficult for anyone involved in an accident, but it's even harder when proving the monetary value of physical and mental discomfort. They are able to assist with questions such as, "Does the at fault driver pay for rental car in Tennessee?"
The team at Schuerger Shunnarah Trial Attorneys is committed to helping people file their personal injury claims and recover damages in the best way possible. One thing that makes this firm stand out is that it works with former insurance company workers, meaning they can use these companies' tricks against them, ensuring better compensation for economic and non-economic damages.
People interested in filing a personal injury lawsuit with this reputable team can request a free case evaluation to get started.