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Car accident claims – can you claim pain and suffering?
Car accidents can not only cause you tremendous physical and emotional pain but also put you in a really tough position financially. So I’m going to briefly run through how to determine whether you qualify for a lump sum payout for pain and suffering after being involved in a serious car accident.
Navigating the compensation system own your own is never easy but it’s even harder when you’ve been injured in a serious car accident and you’re juggling between your recovery and claiming everything you’re entitled to.
To make things a little clearer, there are essentially two parts to a car accident claim;
– Personal injury benefits
– Damages claim (a lump sum claim for pain and suffering and a lump sum for future lost wages)
Pain and suffering compensation can be quite substantial and is awarded to compensate you for the harmful impacts the injury had on you both physically and mentally.
Now, in order to determine whether you’re eligible for car accident compensation for pain and suffering you need to be assessed as;
– The not-at fault driver
– And having a non-minor injury over 10% WPI
Let’s breakdown that second part;
When lodging a car accident claim, the insurer is going to classify you as having either a minor or non-minor injury. A minor injury includes soft tissue injuries, whiplash or bruising. Whereas non-minor injuries are more severe such as broken bones and injuries that require surgery or serious psychological conditions including PTSD.
If you have been assessed as non-minor a doctor will then measure the permanent damage the accident has caused you using a scale known as Whole person impairment. If you’ve been assessed as greater than 10% permanent damage – then you will be eligible to make pain and suffering claim for a lump sum.
It’s important to note that many injuries get worse over time, and psychological injuries can take some time to develop. So, if your injuries have been assessed as minor but your condition has worsened or you’ve developed a psychological injury it’s important to go back and challenge that minor injury assessment.
Hopefully this information has been helpful to you, but if you’re still unsure about car accident and pain and suffering claims or need help with your claim, call Law Partners and you can have a confidential conversation with one of our specialist car accident lawyers today.