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Pain and suffering damages in car accidents

It is not always possible to prevent a car accident from occurring. West Virginia residents can take every possible precaution -- fastening their seatbelts, driving the speed limit, paying close attention to others on the road and more -- and still find themselves victims of a car accident. Unfortunately, even though it is possible to control a person's own actions, it is not possible to control the actions of others. All it takes is one person to make a negligent action on the road and a person can become a victim of a serious car accident.

Victims of these car accidents may seek compensation for the pain and suffering they experienced. However, the amounts that a victim can recover if successful can vary greatly. There is very little external evidence that can be used to prove pain and suffering. What's more, pain and suffering can be very subjective. It is not always easy to compare the same injury between two different people, as two people may have entirely different reactions.

However, courts do consider a number of factors when determining how much a victim may be owed for pain and suffering. These include things like the recovery time the victim needed, the severity of the injury or injuries, the location and nature of any scaring or disfigurement, along with the potential, for ongoing consequences. Plus, they will consider the amount claimed in special damages, the socio-economic or political factors and other factors.

Sometimes, it can help to vigorously fight for what one is owed. It can be important to construct a strong case as to why one may be owed pain and suffering damages. Attorneys are available to assist victims with this process.

Source: FindLaw, "Car Accident Pain and Suffering Damages," Accessed on April 9, 2017

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Stephen P. New, Attorney at Law
114 Main Street
Beckley, WV 25801

Phone: 304-250-3280
Toll Free: 888-692-8084
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