Pain and Suffering in Personal Injury Claims

You are going to have pain and suffering if you get a severe injury in an accident. If it were not anybody’s fault, you would have to get through it and move on. However, it is different if a personal injury lawyer Lynnwood can show it was due to negligence or intent by another person or entity. You may be able to get something to help you through it.

What is pain and suffering?

Pain and suffering is one type of noneconomic damages. It is part of compensatory damages. You might be able to sue an at-fault party for problems or losses you suffer in personal injury. It is not something you can measure in money terms. These include mental anguish and emotional distress. It can also be problems arising from disfigurement or humiliation. You might also claim the loss of a husband or father if you are the wife or child of an injured person or vice versa.

Is there a limit to the award amount?

Washington limits the amount you can get for pain and suffering. If the at-fault party is younger than 18, the maximum you can get is $5,000. Otherwise, the court sets the limit by using a formula. This is 0.43 x average annual salary in Washington x life expectancy. Life expectancy is at least 15 years. The average annual salary in Washington is $57,480 as of May 2017. This means if you have a life expectancy of 15 years, the most you can get for pain and suffering is $370.746. This does not mean this is what you will get. The judge or the jury will decide on how much you should get after hearing your case.

Is there a deadline for filing a case?

Yes. You have to file a personal injury case within three years of the accident. However, you may have up to eight years if you do not immediately find out about your injuries. If that is the case, you have to file a case within one year of finding out for sure. If you find out nine years after the accident, you can no longer file a case.

It is not easy to prove fault in a personal injury case. It is also not easy to prove pain and suffering. A personal injury lawyer Lynnwood can be a big help in doing both these things.