The Mn Criminal Defense, Personal Injury & Family Law Blog
Ask a Brainerd, MN Injury Lawyer: How Much Will I Get for Pain and Suffering from a Car Accident Settlement?
January 26, 2020
After a car crash, the economic losses are normally staggering. Emergency care alone might cost $100,000 or even more. This figure does not include physical therapy and other costs. This figure also does not include other economic losses, such as property damage and lost wages.
Generally, car crash victims are eligible for noneconomic damages as well. Minnesota has a limited no-fault law. If the victim’s medical bills exceeded $4,000, additional compensation for things like pain and suffering is available. Many hospitals charge that much to walk in the door.
No amount of money can fully compensate for things like loss of enjoyment in life, emotional distress, and loss of consortium (companionship). But since money damages are the only available remedy, Brainerd, MN injury lawyers work hard to help victims get money for pain and suffering in a car accident settlement.
Determining a Fair Amount of Compensation
Most personal injury claims settle out of court. Brainerd, MN injury lawyers usually send demand letters to initiate settlement negotiations. These demand letters must include an amount for both economic and noneconomic losses.
The economic damage calculation is rather straightforward, but there are some curves. Property loss is a good example. Many times, the family car has an emotional value which exceeds its financial value. Victims deserve compensation for both kinds of losses.
Additionally, many victims return to work before they are 100 percent better. If they are self-employed, they are less productive. Alternatively, they might come in late or leave early. Lost wages compensation must account for these things.
Calculating noneconomic losses, however, is a different matter. To determine a fair amount, most Brainerd, MN injury lawyers use one of the following formulas:
Some lawyers use the days of missed work as a basis for pain and suffering. For example, if Ralph missed 100 days of work after a crash, including both emergency and followup treatment, and Ralph makes $200 per day, his pain and suffering is approximately $20,000.
Other lawyers multiply the economic losses by two, three, or four (usually three), largely depending on the factors listed below. If Jill’s medical bills and other economic losses were $10,000, her pain and suffering calculation might be $30,000.
These hypothetical figures are initial offers. To resolve the case, Brainerd, MN injury lawyers typically have a legal duty to negotiate in good faith. They must make sacrifices to complete a deal. The extent of these sacrifices varies greatly, depending on a number of items.
Brained, MN Injury Lawyers and Car Crash Evidence
The victim/plaintiff has the burden of proof in a negligence case. So, the possibility of success increases if the victim/plaintiff has substantial evidence. As a result, the claim’s settlement value increases.
Evidence in a car crash claim often includes physical evidence, such as medical bills. Generally, these documents provide more than diagnosis, treatment, and financial data. They also include notes which describe the patient’s physical and emotional state on certain days. Brainerd, MN injury lawyers can normally introduce these records at trial.
Nonphysical evidence, such as witness testimony, is also admissible. Many witnesses can connect with jurors in ways that paper documents cannot.
Insurance Company Defenses
Strong, evidence-based claims help Brainerd, MN injury lawyers negotiate settlements from a position of strength. But the amount of evidence is not the only consideration in settlement negotiations.
Defenses, such as comparative fault, often come into play. This legal doctrine shifts blame from the tortfeasor (negligent driver) to the victim. For example, in a freeway collision, one driver might have changed lanes without signaling and the other driver might have been speeding. In these cases, a Crow Wing County jury must divide fault on a percentage basis. Minnesota is a modified comparative fault state with a 51 percent bar. So, even if the victim was 49 percent responsible for the crash, the tortfeasor is still liable for a proportionate amount of damages.
Other insurance company defenses include sudden emergency, which often comes up in pedestrian accidents, and last clear chance, a frequent defense in rear-end or head-on crashes.
Much like strong evidence bolsters a victim/plaintiff’s claim, a strong defense supports the insurance company’s efforts to reduce or deny compensation.
Reach Out to an Aggressive Attorney
The amount for pain and suffering from a car accident settlement depends on many factors. For a free consultation with an experienced Brainerd, MN injury lawyer, contact Carlson & Jones, P.A. Attorneys can connect victims with doctors, even if they have no insurance or money.