Getting injured in an accident is a scary, painful, and confusing experience.
Medical bills and other expenses can quickly accumulate following an accident.
If you are unable to work, the questions surrounding bill payments can feel overwhelming.
If the negligence, recklessness, or thoughtless act of another person has caused you injury, you can hold them responsible for both the economic and noneconomic damages associated with the accident. This includes pain and suffering.
Want to learn more about compensation for your accident injuries in Illinois or Iowa? Call or contact the experienced personal injury attorneys at VanDerGinst Law.
Compensation for Accident Injuries
Victims involved in an accident that was not their fault can collect compensation for economic and noneconomic damages.
Economic damages refer to compensation for out of pocket expenses associated with the accident. This can include medical bills, property damage, lost wages, and the loss of future income and benefits. Anything that was related to the accident and has a receipt attached to it is considered economic damages.
Accident victims can also collect noneconomic damages associated with their injuries. Noneconomic damages refer to the intangible harms that the accident caused and are more difficult to calculate. Payment for pain and suffering, emotional distress, disability, disfigurement, and the loss of enjoyment of life are all noneconomic damages that an accident victim can also collect in their claim.
It is important to note that both Illinois and Iowa use a pure comparative negligence standard when it comes to compensation in accident cases.
This means that the court determines the degree of fault for all parties involved in the case. They will reduce the overall award for economic and noneconomic damages by that percentage. Under the pure comparative negligence rule, if a party is more than fifty percent at fault they cannot recover damages.
Therefore, it is critical that you have a highly skilled personal injury attorney working on your case.
Calculate Pain and Suffering Compensation
Pain and suffering is a general term. It describes the physical pain, emotional damage, and mental injuries. This can be things like fear, anxiety, grief, worry, insomnia, and inconvenience caused by the injuries inflicted in the accident.
There is no hard and fast rule as to how a judge or jury calculates pain and suffering damages. There is not a set formula in the state laws. Compensation for pain and suffering may be based on a multiple of the amount of the economic damages associated with the accident. What the multiple is and whether a multiple is used depends on the nature of the case, the injuries, and the insurance adjuster involved in negotiating the case.
A decision may be made to take the case to trial. This depends on the specific facts of the case. The jury may award an injury victim even more in noneconomic damages.
Call or Contact Us Today
Call the office or contact us today at VanDerGinst Law. Schedule a free consultation with one of our knowledgeable personal injury attorneys.
We can help you learn more about compensation for your claims, including payments for pain and suffering.