Car accidents are bad news; even a minor crash can cost you a lot of money and cause physical and mental pain. Hence, that’s the reason the law supports pain and suffering claims for car accident cases. 

The pain and suffering settlement ensures the victim of the car accident case is compensated. This compensation isn’t only about the financial loss but the incalculable cost of the mental trauma and physical pain the person has suffered since the date of the accident. 

To help you out further about this topic, we’ll address questions like what exactly is the pain and suffering settlement and who’s eligible for it. Also, we’ll answer how you can follow up a pain and suffering claim without the help of lawyers. 

What Are Car Accident Pain And Suffering Settlements? An Overview

The simple definition of pain and suffering settlement is the physical and mental distress suffered from an accident. The physical and mental distress includes disabilities, loss of lifestyle, depression, discomfort, and things that come under “general damages.”

If you’re facing any of the situations mentioned above, you can go for a car accident pain and suffering settlement. The lawyer you’ll hire will calculate the pain and suffering amount by multiplying it by the total loss, and you’ll get the compensation. 

Who Is Eligible For Pain And Suffering Settlement?

If the car accident has affected you physically, emotionally and mentally, and made your life difficult, you could be eligible for a settlement. But there’s one important point: you should be the victim in the accident case. 

In other words, if you’re in pain, feeling discomfort, fear, shock, grief, depression, anxiety etc, because of the carelessness of the other driver, the law is on your side. However, various factors can affect the case, like how bad your injuries are and who’s to blame. 

The law of the state you’re living in also plays a crucial role in determining whether you’re eligible for the pain and suffering settlement or not. That’s why the best is to consult with a lawyer first and then go for further process. 

What Is A Typical Amount of Pain And Suffering?

Since the pain and suffering settlements are mostly based on emotional and mental suffering, it’s difficult to calculate the damage. After all, it’s not easy to put a number on feelings like sadness or fear.

So, usually, lawyers follow two methods to calculate the amount of pain and suffering settlement. The first is the Multiplier method, and the second is the Per Diem method. Both methods are completely different; let’s understand it with the examples below.

Pain And Suffering Settlement Examples

Suppose a woman named Mary had an accident a month ago. She got seriously hurt, and even after receiving treatment and getting back on her feet, she’s now afraid to drive. This fear is keeping her from going to her job and living her life as she did before. 

In the Multiplier method, a lawyer will calculate the financial loss, including all bills, loss of wages, etc., and multiply it by 1.5 to 5. If the accident is minor, the lawyer will multiply with 1.5 to 2; for a major accident, the settlement would be 5 times the total loss. 

• Multiplier Method Example: [Total loss: $2000] x [1.5] = $3000 for pain and suffering settlement.

However, in the Per Diem method, the lawyer will calculate your daily earnings to the days you’ve been suffering since the accident. For example, if the accident happened on the date of 15th of November, the lawyer would consider the days from the 15th until the present.

• Per Diem Method Example: [Daily wage: $100] x [Days you’ve been suffering: 20] = $2000 for pain and suffering settlement. 

Getting into a car accident, whether it’s minor or serious, is bad news. It’s even worse when you’re blamed for something you didn’t do as almost all countries have strict laws for the guilty person in car crashes. 

The laws can lead to jail sentences and settlement of thousands of dollars depending upon the accident. If you don’t want this to happen, you need to prove yourself innocent. It might be a difficult process without the help of a lawyer, but it’s not impossible. 

For your help, we’ll discuss how to prove you are not at fault in a car accident. We’ll share the five important steps you should take to prove you’re not the one who’s at fault. So, let’s get into the details!

5 Steps To Prove You’re Not At Fault In Car Accidents 

Here are the five simple steps you should take when you’re not at fault in car accidents. These steps include preparing yourself, gathering evidence, taking help from police, medical reports and CCTV footage. 

1. Prepare Yourself 

The first thing you should do is prepare yourself to defend. It’s a long process and not as easy as it might seem. You’ll need to learn about the basic traffic laws and state laws, and this means more than just reading – you need to understand them.

To learn about the law, you can visit the official websites of law enforcement agencies in your state. Another option is to read a book about the subject. It will not only help you defend yourself but also stop you from making mistakes. 

What else can you do?

In accident cases, you may have to interact with police and lawyers multiple times. The issue is most people give statements without thinking twice due to a lack of knowledge about the legal issues, which can weaken your case. 

However, if you’ve done your research and have a good grasp of the basic law and legal issues, you’ll be more careful with what you say. This cautious approach will help you not become the guilty person in the case and protect you from the big settlement amount. 

2. Visit The Accident Scene 

After gaining a basic knowledge of the state and traffic laws, visit the accident scene. If you already have pictures, it’s best, as they can be used as proof who was responsible to insurance companies and the court.

If you haven’t taken pictures yet, don’t worry. Take some photos of your car and the exact spot where the accident occurred from different angles. It’s important to do this as soon as possible. The longer you wait, the more likely it is that evidence will disappear or change.

When a car accident happens, people usually try to sort things out without going to court because they know lawyers can be really expensive. But is it really the truth or just a myth that everyone believes? 

Honestly speaking, car accident lawyers cost a lot, especially if your case is serious, which includes injuries, financial loss, or potential threat to life. However, the case will be completely opposite if the car accident is minor. 

If you want to know the exact amount a car accident lawyer charges, read this guide until the end. Here, we’ll break down how much does a car accident lawyer costs exactly and what factors affect the charges. 

Are Car Accident Lawyers Expensive? 

Yes, car accident lawyers are expensive, and how much they charge depends on the accident case and the amount of settlement you’ll get. The bigger and more serious the accident, the more you must pay the lawyer. 

There are different ways in which a car accident lawyer charges the fee worldwide. In the USA, most lawyers go on a contingency or hourly basis. Contingency means you agree to pay a specific percentage to a lawyer if they successfully secure a settlement. 

Here’s a breakdown of how a contingency fee works: let’s suppose you agree on a 30% contingency fee with your lawyer (the percentage is just an example; not every lawyer charges a 30% fee; it can be high or low). 

• Your lawyer follows your case, negotiates with the insurance company and gets a settlement of about $20,000 for your car accident case. 
• The contingency fee is 30%, which you’ve promised to the lawyer, so according to this, the fee of the lawyer from the settlement amount will be $20,000 x 0.30 = $6,000.
• Your lawyer will deduct the $6,000 from the settlement amount, and after that, you’ll get about $14,000. 

On the other hand, hourly billing involves the lawyer charging a set rate for every hour they spend working on your case. Some lawyers also go for a flat base or a hybrid model where your lawyer may charge a flat fee in the beginning and a contingency base fee in the end. 

It all depends on the lawyer you’re hiring and what type of payment method they prefer. You can also suggest to them how you want to pay, like on a contingency basis, hourly fee or a flat fee in the beginning.

Car accidents are a cruel reality in this world. If you’re unfortunate enough to get into one, your first priority should be getting a lawyer, especially if the accident is big and financial and health loss is included. 

The issue is most of the time, car accident victims don’t hire lawyers because of the lack of info about when they should hire and what to do after an accident. Luckily, this won’t be a problem anymore. 

Here, we’ll provide you with valuable insights into the pivotal questions: when should you hire a lawyer after a car accident? What will layers do? How much does this process cost? So, let’s get into the details! 

When To Hire A Lawyer After A Car Accident? 5 Reasons

Before we get into the details, know there are two types of accidents: minor and big. Minor accidents mean crashes that have no immediate threat to life or a major financial loss. Big accidents have serious consequences, like a threat to life and car damage. 

If you happen to encounter a minor accident, there’s no need to contact a lawyer. Only seek help from legal authorities like police and medical help from 911. However, if the situation is different and the accident is serious, call your lawyer immediately after the police. 

Till the lawyer comes, the police will create a report about the accident. If the case is too serious, including death threats, the police may try to arrest for further investigation. Here are more reasons to hire a lawyer:

1. Guidance On The Law: A normal person can’t understand the complex legalities and regulations of car accidents because of a lack of knowledge about the state law. However, a lawyer can help you out here by guiding you throughout the process. 
2. Settlement Negotiations: Lawyers can help you in settlement and negotiation with the other party involved in the accident outside of court. This is beneficial for both parties as no one has to spend a big amount on a case. 
3. Protection For Your Finances: Sometimes, car accidents cost a lot more than the average price of damage. It happens when the other party files a lawsuit. Here, in this situation, the lawyer will defend you in court, ensuring that you don’t have to bear the financial burden alone. 
4. Saving You Time And Stress: Dealing with the aftermath of a serious accident can be overwhelming if you’re alone. But your lawyer can handle the legal complexities, paperwork, and negotiations, allowing you to focus on your recovery and well-being.

Insurance Claim Advocacy: Lawyers can advocate for your rights when dealing with insurance companies. They can ensure that you are not taken advantage of and that your claim is processed fairly.

Car accidents are a cruel reality in this world. If you’re unfortunate enough to get into one, your first priority should be getting a lawyer, especially if the accident is big and financial and health loss is included. 

The issue is most of the time, car accident victims don’t hire lawyers because of the lack of info about when they should hire and what to do after an accident. Luckily, this won’t be a problem anymore. 

Here, we’ll provide you with valuable insights into the pivotal questions: when should you hire a lawyer after a car accident? What will layers do? How much does this process cost? So, let’s get into the details! 

When To Hire A Lawyer After A Car Accident? 5 Reasons

Before we get into the details, know there are two types of accidents: minor and big. Minor accidents mean crashes that have no immediate threat to life or a major financial loss. Big accidents have serious consequences, like a threat to life and car damage. 

If you happen to encounter a minor accident, there’s no need to contact a lawyer. Only seek help from legal authorities like police and medical help from 911. However, if the situation is different and the accident is serious, call your lawyer immediately after the police. 

Till the lawyer comes, the police will create a report about the accident. If the case is too serious, including death threats, the police may try to arrest for further investigation. Here are more reasons to hire a lawyer:

1. Guidance On The Law: A normal person can’t understand the complex legalities and regulations of car accidents because of a lack of knowledge about the state law. However, a lawyer can help you out here by guiding you throughout the process. 
2. Settlement Negotiations: Lawyers can help you in settlement and negotiation with the other party involved in the accident outside of court. This is beneficial for both parties as no one has to spend a big amount on a case. 
3. Protection For Your Finances: Sometimes, car accidents cost a lot more than the average price of damage. It happens when the other party files a lawsuit. Here, in this situation, the lawyer will defend you in court, ensuring that you don’t have to bear the financial burden alone. 
4. Saving You Time And Stress: Dealing with the aftermath of a serious accident can be overwhelming if you’re alone. But your lawyer can handle the legal complexities, paperwork, and negotiations, allowing you to focus on your recovery and well-being.

Insurance Claim Advocacy: Lawyers can advocate for your rights when dealing with insurance companies. They can ensure that you are not taken advantage of and that your claim is processed fairly.

However, settlement for serious accidents might be a lot. The victim can file injury claims, wrongful death claims, and so forth. This issue can be solved if you have liability coverage insurance that basically provides protection against claims. 

Liability Coverage For Car Accident Victim

Liability coverage insurance is a must for anyone who owns a car in some estates like New Jersey. In NJ, a car requires insurance that not only covers the liability but also the medical bills of a person who’s at fault. 

Not only is it good for you, but the victim will also get help on time. If an accident happens in the future, your financial condition won’t worsen. The liability has limits, so before buying insurance, check all details about how much it covers. 

What To Do After A Car Accident When You’re At Fault?

Now, the most important point is what to do after a car accident when you’re at fault. It’s vital to understand because first, human lives are involved, and second, your behavior and irresponsibility might become the reason for a big injury claim. 

1. Don’t Panic & Stay There

When you’re in a car accident, it’s super important to stay calm and not run away. We understand that panic in this situation is quite normal, but understand If you panic or leave, you might get into trouble with the law.

In many cases, the accused person who’s at fault leaves the crash area without informing law authorities. It’s the biggest mistake that will make you more liable for the consequences. So, always remember to stay at the scene and follow the proper steps, which we’ll discuss next.

2. Help The Other Party 

After a car accident, it’s important to check if everyone is okay, including people in your car and the other car(s) involved. Start by ensuring safety for yourself and others. If someone is hurt, call for a doctor or ambulance right away to get them the help they need.

If it’s safe, move your car to a more secure location. This not only helps prevent further accidents but also keeps everyone out of harm, including you. Remember, don’t panic and try to help as much as you can. 

3. Call Law Authorities 

Don’t forget to call law authorities and 911 for medical help. Both are important: medical help to make sure you and all others are fit and not injured in any way. While police will create a report for the car crash scene. 

The information in police reports is acknowledged by everyone, including the courts. So, in case the injured person files a lawsuit against you with false charges, you can use the police report to show what exactly happened. 

4. Record Everything 

It’s important to allow police to do their duty without creating any difficulty, but you should also have some solid proof for yourself. For this, use your mobile and record videos of the accident area, the situation of your cars, and all other losses. 

This proactive measure will help you to provide evidence to legal authorities or for any potential lawsuits. You can easily prove what happened on the scene, the loss, who was involved and who was at fault.

5. Contact Insurance Company & Lawyer 

In the end, don’t forget to contact your insurance company and lawyer. Insurance company to pay the bills, liability coverage and lawyers to ensure your rights and interests are safe throughout the legal process.