Can I receive financial compensation for chronic pain after an accident?


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Question:

Can I receive financial compensation for chronic pain after an accident?

Answer:

One aspect of accident compensation includes long-term or permanent disability, which covers future damages in car accident settlements. The calculations for such compensation are complex, and sometimes difficult for an individual to determine. However, there are systems used in the insurance and legal industries to make those calculations and provide the compensation a victim requires.

Pain and suffering are included in the “general damages” category in a personal injury settlement, whether that injury occurs in an auto accident, slip and fall, medical malpractice, or on-the-job accident. In some cases, that pain and suffering are calculated by multiplying “special medical damages,” or merely “specials,” by a number representing the severity of the victim’s injuries. In determining the severity of those injuries, the victim’s physician may be required to file a medical report estimating how long that pain will last and whether it will remain severe or lessen over time. The better documentation there is for such chronic pain, the more likely it is that the defendant and their insurance company will be willing to negotiate an appropriate settlement. In cases where negotiations break down, the case may be argued in court and that evidence will be presented before a judge and jury to determine their validity.

Chronic pain cannot always be documented scientifically, which is why it may require an experienced legal negotiator or litigator to make a case for that pain in a car accident settlement or lawsuit.

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