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Can you get damages for pain and suffering in a car accident? | Whitlock Law, LLC

Posted on March 09, 2023 in Truck Accidents

Car accidents occurring in Maryland often result in victims sustaining severe harm. If you were involved in such a harrowing situation, you can file a personal injury claim to recover damages. One common damage from car accidents is pain and suffering. This is how to be compensated for it.

UNDERSTANDING PAIN AND SUFFERING

Many victims of motor vehicle accidents suffer pain and suffering. It refers to the physical pain from the injuries that have been sustained and the mental anguish that accompanies it. These are general damages in personal injury claims; although they cannot be seen, doctors can observe them during medical exams. For example, whiplash can cause limited range of motion in the neck, indicating pain.

RECOVERING A SETTLEMENT FOR PAIN AND SUFFERING

Maryland is a fault state when it comes to motor vehicle accidents, which means that injured victims can recover a settlement for pain and suffering and other damages through the at-fault driver’s insurance policy. However, because the state also has a contributory negligence law, the injured party must not be found to be at all responsible for the accident. Even being found 1% at fault could bar you from being able to recover compensation for your damages.

Insurers want to know the extent of a person’s injuries before they agree to pay a settlement. As a result, you might be asked to see a doctor of the insurance company’s choosing for an evaluation that shows the severity of your injuries and how they have affected you. Not getting medical attention may be detrimental to your claim as the insurance company might not pay a settlement sufficient to cover the costs of your pain and suffering.

Pain and suffering damages are often calculated with the multiplier method. This involves taking the total of the individual’s medical bills and multiplying it by a number between 1.5 and 5. The multiplier is determined based on the severity of the injuries, how they affect the person’s daily life and the victim’s prospects for recovery.

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Can you get damages for pain and suffering in a car accident? | Whitlock Law, LLC

UNDERSTANDING PAIN AND SUFFERING

RECOVERING A SETTLEMENT FOR PAIN AND SUFFERING

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