How do you value permanent back pain in a car accident case?

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Question:

I was in a car accident recently and I have damaged vertebrae as a result. I experience constant back pain now since the accident and I want to make sure the other driver is held responsible and pays for causing the accident. How should I value the permanent back injuries to determine if I'm getting enough money from the accident and how do I collect my damages?

Answer:

When making a car accident injury claim, damages will be determined either by your acceptance of a settlement or by a jury. If you opt to settle your case out of court, this involves the insurance company making an offer to compensate you with a set amount of cash. Your acceptance of that offer of cash necessitates that you give up any future claims against the insurer or the responsible driver. Therefore, before you settle your case, you need to ensure that the settlement offer is fair and that it is enough to adequately and appropriately compensate you. 

To best determine the appropriate car accident compensation amount for a lifelong back injury, you should take into account the factors that a jury would consider if they were to decide your damages for the case. These factors include:

  • The actual costs of treating the back injury: If you expect to incur future medical bills for things like back surgeries or physical therapy, you need to ensure that the settlement you are receiving is enough to pay for this ongoing treatment. It should also cover the costs you have already paid. 
  • The actual losses in income resulting from the back injury: If you had to miss work as a result of the injury, or if the injury has rendered you unable to work or not capable of working to full capacity, you may have lost out on income as a result of that injury. The settlement should compensate you for this. If the injury is going to continue to interfere with your ability to make a living or earn wages, the settlement needs to take that into account as well. 
  • The pain and suffering associated with the injury: This can be a very difficult thing to estimate. Pain multipliers, which look at the actual economic losses and multiply those losses by some set number (usually between 1.5 and 5) are one way of arriving at a number for pain and suffering. You can also think about the per day cost of the pain and then think about how long the pain will endure and how much you feel is fair to compensate you for all you are going through
  • Emotional distress, loss of companionship and other related damages: These factors, along with others that are specific to your situation, may also need to be included in your compensation. 

In order to make sure you are being adequately compensated, it is always in your best interests to hire a lawyer when dealing with a car accident injury claim. You can also visit the following reference pages for more information:

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