When you get into a car accident, the insurance company has to provide compensation for both economic and non-economic damages. While the first category includes medical bills and auto repair expenses, the second includes factors that can’t be quantified, such as “pain and suffering.” If you want to learn more about the specifics of making a claim with an auto accident attorney, use the following guide to navigate the post-accident insurance process.
A Guide to Claiming Pain & Suffering After a Car or Truck Accident
What Is Pain & Suffering?
This category of damages includes any bodily discomfort from injuries you sustained during the accident, such as whiplash. It also includes pain felt during your medical treatment. Most importantly, pain and suffering claims entail emotional and mental damages of the accident, such as anxiety, distress, depression, and frustration.
How Do You Prove It?
While it may seem impossible to come up with a numerical amount for your negative thoughts and emotions, auto accident attorneys have come up with systems for finding rough dollar amounts. The per-diem method works by coming up with a daily dollar amount charged for every day you had to deal with the discomfort. The multiplier method calculates damages by multiplying your lost income and medical bills, usually by the number three. However, this equation may be influenced by the severity of your injuries and the duration of your recovery.
Is There Anything to Know About Claiming Pain & Suffering in Wisconsin?
In Wisconsin, it’s important to know that pain and suffering claims have limits, and a finding of “negligence” could lower or eliminate your compensation. In addition, there are caps of $250,000 on certain claims made against the state and $50,000 for claims against the local government. It’s important to act quickly after your accident, as you only have 120 days to submit your claim to state and local government agencies.
If you’ve experienced a car or truck accident in La Crosse, WI, get in touch with our auto accident attorneys at Fitzpatrick, Skemp & Associates, LLC today. We’ve been helping clients get the compensation they deserve for over 20 years, winning over $90 million in total. In addition to personal injury cases, we also specialize in social security disability and workers’ compensation cases. For more information on our work, visit the website or call (877) 784-1230 to schedule a consultation with an auto accident attorney.