How Hard is it to Prove Pain and Suffering in Your Birmingham Car Accident Case?
One of the first things accident victims want to know when they meet with their Birmingham car accident lawyer is how much their case is worth. Too many people learn all they know about injury law from watching television. They tend to think that, no matter what kind of accident you’re in, they’ll be entitled to a ton in damages. They don’t realize that you can only get damages for losses you’ve actually suffered. This is something car accident attorneys have to explain to their clients early on. Despite what you’ve seen in the movies, it’s not your lawyer’s job to make you rich. It’s only their job to make you whole.
In order to get you any money at all, your Birmingham accident lawyer has to prove two things. First, they have to prove that the defendant caused your car accident. If they can’t do this, it doesn’t matter how bad your injuries were. The second thing they need to prove is that you were injured. This includes different sorts of injuries. It can include physical injuries. But it can also include financial injuries such as lost wages. Finally, if your case is serious enough, you may be entitled to pain and suffering. These are damages intended to compensate you for the mental and physical anguish caused by the crash. And they’re the hardest type of damages to prove.
This is why it’s a good idea to call and talk to an experienced car accident lawyer in Alabama as soon as possible after your car accident.
You Need to Prove Negligence in Order to Get Any Damages at All
There’s no point in discussing damages if you can’t prove your case. In order to have a valid claim against the defendant, your Birmingham injury lawyer needs to prove negligence. In order to do this, they must show the following:
- The defendant owed you a duty of care – This won’t be hard to do. All motorists have to follow the local traffic rules. They also need to use basic common sense.
- They breached this duty – This is usually the hardest part of your case to prove. You need to show the other driver did something they shouldn’t have done.
- You were injured – As long as you go to the hospital after your crash, this won’t be all that difficult.
- These injuries were caused by the defendant’s breach – You just have to show that nothing other than the crash caused your injuries.
Nobody is Guaranteed Pain and Suffering in Birmingham
Just because you’ve been injured in a motor vehicle accident doesn’t mean you’re entitled to certain damages. In order to get damages, your attorney needs to specifically prove them. When it comes to pain and suffering, you’ll need to demonstrate certain things in order to receive them. Some of the ways you can prove pain and suffering include:
- You can no longer do the same kind of work you did before the accident
- You are in a lot of physical pain because of multiple surgeries
- You can no longer play sports or enjoy a social life
- You can’t pick up your children or take care of your family
- You need future surgeries and physical therapy
It sounds like this wouldn’t be hard to do. However, the defendant’s attorney knows that pain and suffering damages can become expensive. In fact, most Birmingham accident lawyers will demand a high amount of pain and suffering. The general rule is to take your medical bills and multiply them by three. This is the amount your attorney will demand in pain and suffering damages.
Call and Talk to an Experienced Car Accident Lawyer in Birmingham
If you’ve been involved in a serious accident, you’re going to need help. You need to focus on recovering from your injuries. That’s why you should call and talk to a skilled car accident attorney in Birmingham. They can sit down and go over your case. They can also answer any questions you may have. Depending on how serious your injuries are, you may be entitled to pain and suffering damages. And, since they can make up the lion’s share of your damages, you want a professional handling your case.
Call today and schedule your free initial consultation. We can handle this by phone if need be. You don’t want to wait too long to hire your lawyer. If you miss your statute of limitations, you won’t have a case at all. The consultation is free, and you don’t pay anything until your case is settled.