When car accidents happen, the injured person (passenger or driver) usually files a complaint with the police or a lawsuit for the expenses incurred on the damages, insurance, and pain and suffering. Bills or expenses like medical fees, prescriptions, and injuries are easy to prove as documents are available. But the challenging part is to get compensation for the ‘pain and suffering’ expenses. 

The trauma that an accident can cause to someone’s mental health is enormous. People get scared of sitting in cars or driving. They get anxiety when they are on the road and even PTSD in some severe cases. People involved in car accidents have their life flipped. Everything changes instantly, but because these changes are more psychological, it is harder to prove them. It is even more problematic when the car crash happens with a minor in the car, yet the mental effects are prominent. There are times when total compensation for the economic damages is lesser than that for pain and suffering. 

If you live in Brampton, you should take the advice of a personal injury lawyer in Brampton to decide your next step. However, it is crucial to know the basics of these accidents, and we are here to assist you in gaining perspective. 

Pain and Suffering Compensation

Any hurt that you experience during an accident should get compensated for in monetary terms. Sometimes the ‘minor’ accident is not as minor as it sounds. The accident could look small in tangible ways. The damage that occurred to the vehicle may be less, but according to reports, accidents that can cause severe physical and mental injuries can happen at as low as 5 miles/hour. The car could look fine, but you could get seriously injured. 

During any accident, the real damages that should get compensated are physical and mental ones. The emotional distress caused during an accident cannot be measured substantially, but only the individual understands what they are going through. E.g., suppose a car owner gets burned in a collision. In that case, they will seek reparation for the discomfort, medical treatment, any new permanent limitations to the individual’s way of life, and the distress misery of suffering the burns. However, it can get tricky with the law. Therefore, you should always hire a Brampton personal injury lawyer.

How does it work with the law?

Here, the law is different for different states. In most states, the person who caused the accident or the person whose negligence caused the physical and mental injuries is held responsible. They should bear all the charges and pay for the damages to the vehicle and the individual. It is called the fault-based liability system. 

However, in some states, pain and suffering is a ‘no-fault insurance claim.’ According to this claim, no individual can compensate for their injuries and damages unless the total medical bills cross a specific monetary limit set by the law. The rest of the states follow the ‘serious injury’ rule. You cannot claim until you prove the seriousness of your injury. But most states follow the fault-based rule. Therefore the reparations are obtainable for minor crashes too. 

Calculations/ How to pay or ask?

There is no hard and fast rule to the amount of damages money you will get. The basis of determination is the severity and the brutality of your injuries. The more serious the wounds, the higher the pain and suffering and, therefore, more compensation. If you get multiple fractures, then, of course, you will be paid more than the one who only bruised their face. The standard rule is that the insurance company will multiply the total of your medical expenses and bills to a number between one to five. They will examine all your grievances – mental and physical before deciding the number. 

Whenever you and your injury lawyer in Brampton discuss and decide on an amount, make sure that it is valid and explainable. The other party will always ask you to rationalize and explain the amount you agreed upon in the demand letter you sent to the person who caused your accident or the insurance firm. 

Proving the pain and suffering

Unfortunately, the law requires you to give reliable proofs of your pain and suffering. There are some impacts you can talk about to substantiate your problems. The daily activities getting affected due to the grievances, family disturbances, inability to work and earn, physical limitations, substantial medical bills, and mental distress to your loved ones, and you can get considered proof of your anguish. However, sometimes these demonstrations aren’t enough, and you need a personal injury lawyer, Brampton. 

Is the fight worth it?

The procedure of getting compensation for your injuries can get time-consuming and mentally and physically draining. You have to make sure that you have the energy, resources, time, and an excellent lawyer to continue the fight because legal processes usually take a long time. If the case with the insurance company or the other driver goes unsettled, you will need to take it to court, leading to litigation. Litigations and lawsuits can get ugly and stressful. You will also require a deposition, which can get exhausting. 

 If your injuries are minor, such as knee wounds, you should reconsider getting involved. However, if your life has drastically changed and your medical bills are out of your comfortable paying capacity, you should ask for what you deserve. 

Legal Advice

Legal measures are usually frustrating, dreadful, time-consuming, lengthy, expensive, and frightening. Therefore, before hiring a lawyer, always consult various lawyers before choosing the one that is right for you. Lawyers will guide you throughout the process and will improve your chances of winning. Usually, when you hire a lawyer for car accident cases, they will charge a certain amount of their compensation. These lawyers work on a contingency basis, and they understand that by increasing your recovery amount, the amount in their percentage will also grow, and they will earn more.

If you need the best personal injury lawyers Brampton, contact us. We promise to give our 100% and increase your chances of winning.