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Can I Get Compensation For Pain And Suffering After A Minor Car Accident?

Posted On February 7, 2020 In Local Car Accidents,Personal Injury

Getting into a car accident of any kind is not on anyone’s list of things to do. However, we know that car accidents happen all the time in and around our area. According to the Texas Department of Transportation, there were around 250,000 people injured and 3,639 fatalities across the state in motor vehicle accidents during the latest reporting year.

In most cases, victims of car accidents are able to recover compensation for their injuries and property damage in the aftermath of an incident. For severe accidents, victims are often able to recover compensation for physical, emotional, and psychological pain and suffering damages as well. However, you may wonder whether you can receive pain and suffering compensation for a minor car accident.

What is considered a minor car accident?

Determining exactly what constitutes a minor car accident can be relatively subjective. Sometimes, what many people consider a minor car accident can cause bothersome or even long-term injuries for those involved. For example, the following may occur:

  • A fender bender causes the airbag to explode, leading facial injuries.
  • You are rear-ended and experience stiffness in your back or soreness in the neck.
  • A loud and traumatic crash triggers headaches, anxiety, or trouble sleeping.

What is pain and suffering?

The term “pain and suffering” refers to both physical and emotional stress caused by the motor vehicle accident and injuries. There are two ways in which a person can recover compensation for their injuries and for any associated pain and suffering after a vehicle accident.

  • By filing a claim with the at-fault party’s insurance carrier
  • By filing a lawsuit against the at-fault driver directly through a civil court action

The amount of pain and suffering compensation that a person is awarded is generally directly tied to the severity of the injuries a person sustains. For example, a person who sustains a spinal cord injury and partial paralysis that affects their ability to enjoy their daily life activities will likely receive much more pain and suffering compensation than someone who sustains a sprained wrist and recovers within two weeks.

However, many minor accidents lead to serious injuries that have long-lasting consequences for a victim. While a simple fender bender may look minor to a bystander, a passenger or victim could sustain whiplash injuries that lead to them being unable to work for a significant amount of time. Minor car accidents often lead to major injuries.

To secure pain and suffering damages after a minor car accident, the victim will need to be able to prove did they have indeed endured pain and suffering due to their injuries. With help from an attorney, a car accident victim can present evidence from doctors about the severity of their injury. They could work to show that they are unable to perform daily tasks or work activities due to their injuries. Testimony from family and friends may also be beneficial to help prove that your quality of life has changed due to the car accident injuries.

If a car accident injury victim is unable to back up their claim that the injuries they sustained caused pain and suffering, they may receive little to no compensation at all. That is why it is important to secure an attorney soon after an accident occurs in order to ensure you take all the appropriate steps to obtain maximum compensation for your car accident claim.

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