Every day across Arizona, people suffer injuries. They range in severity from mild to fatal.
But, whether you have been the victim of an accident that has caused a threshold injury, leg injuries, soft tissue injuries, or any other injuries, the chances are that you’ve survived, as most wounds are not fatal.
As a law firm in Arizona, we are often asked, “My injuries are not life-threatening, so can I still get compensation?”
Many people who suffer these non-threatening injuries don’t realize that a claimant in pain can sue for even minor injuries.
Our guide will help you to get the personal injury settlements you deserve.
What Are Examples of Injuries that Get You Money for Pain and Suffering?
Damages for pain and suffering are often part of settlements or given to people who have been hurt. The types of pain experienced can be wide-ranging. A claimant’s pain, whether from a head injury, threshold injury, or other lesser injury, deserves fair compensation.
This includes remuneration for:
- Physical pain
- Emotional pain
- Memory loss
Some medical conditions brought on by accidents, such as memory loss, are hard to quantify. Therefore, a good personal injury lawyer familiar with personal injury settlements is crucial. They know that it is not only permanent injury that can result in money for pain.
Typical Non-Life Threatening Injuries
Many injuries qualify for pain and suffering damages. So it’s not just a threshold injury that might qualify you for a personal injury settlement.
Some examples are:
- A head injury might result in migraines. Your headaches may qualify for compensation.
- Someone who broke their arm might get reimbursement for their pain. Leg injuries may even attract greater compensation due to your loss of mobility.
- Loss of a limb from an injury or even because of bad medical care.
- A wide variety of soft tissue injuries.
- Neck injury. Commonly neck surgery might be necessary.
A permanent injury is just as valid as a minor injury when awarded money for pain.
Health Insurance Companies Payments for Broken Bones Vs. Soft Tissue Injuries
Soft tissue injuries like sprains and strains are harder to figure out than broken bones. A doctor will have a lot to consider before committing to surgery. Visible injuries such as head or leg injuries are diagnosed much more easily.
Most of the time, health insurance companies will pay more for broken bones (which are extremely common with leg injuries) because they have a better chance of healing. However, they also know that many people will not take this to trial.
A good lawyer will help a claimant in pain to see if they have a strong enough case. Often a claimant in pain may get lesser compensation unless legal advice is sought.
Most people who sue their insurance companies lose without representation.
If you decide to sue an insurance company, hire a good lawyer. They will deal with settlements with insurance companies and advise on insurance limits.
Will My Insurance Company Pay More Money for Pain and Suffering If I Go in an Ambulance?
According to a recent study published in Health Affairs, an ambulance ride to the hospital costs $1,500-$3,000 more than public transportation.
Speed is of the essence with a claimant in pain and with the possibility of having a threshold injury. The type of pain being suffered at an accident scene must be dealt with swiftly. However, a health insurance company might not cover these costs.
Sadly, despite healthcare providers’ professionalism, an injury in trauma might also occur, and a health insurance company might try to avoid this type of payout for pain.
It will be up to your law firm to consider your types of injuries and give the correct advice. Values for pain are a specialized area that lawyers are familiar with.
A settlement range will take into account costs incurred from emergency transport.
Will I get a Bigger Pain and Suffering Payout If I Have Surgery?
Surgery is often considered a highly traumatizing experience. But, unfortunately, this might not lead to a big payout.
Here are some things to keep in mind when filing a personal injury lawsuit:
The younger you are, the less likely you are to receive a large settlement. This is because insurers assume that older people are more prone to injury. Healthcare providers will also be questioned about pre-existing medical conditions.
Even after recovering from minor accidents, older people can still experience serious health problems that might affect a personal injury claim.
Injuries caused by negligence
Don’t suffer due to others’ neglect. If their negligence has caused harm, a personal injury lawsuit might be a good idea.
A lawyer will help to prove that the accident was through another party’s negligence. This proof can help you to gain compensation.
Insurance companies don’t want to cover medical bills. They believe that paying for expensive treatments is too risky.
Therefore, they set up high reserves to avoid covering medical expenses.
Often an insurance company will push back against payment unless you undergo treatment.
How Much Can I Get for My Personal Injury Case?
A personal injury case can take weeks, months, and sometimes even longer to conclude. It could take anywhere from a few days to several years to settle, depending on your injuries and how much money is at stake.
There are a lot of things that go into deciding if you’ll get a fair amount of money for your injuries. Here are some of the most important:
- Medical Bills – If you get hurt badly, you might have to pay thousands of dollars for medical care out of your own pocket. You may also face substantial future medical costs. Your health insurance company might not even cover all costs.
- Lost Wages – While you’re recuperating, you won’t be able to earn income. As a result, you may be without a regular wage while you’re healing.
- Pain and Suffering – Small injuries can still cause much pain and suffering.
- Damages – When someone else causes your injuries, you may be entitled to monetary compensation for the physical and emotional damage the accident caused.
Some states also allow punitive damages, which punish the defendant for bad behavior. For example, a careless driver might flee an accident scene after leaving a claimant in pain.
As part of your fair accident settlement, a lawyer might seek money for pain: both your physical pain and emotional trauma. Fair compensation is ultimately what your counsel is after.
Forbes found that the average value for a personal injury settlement was $31,000. A lot of money goes toward paying medical bills and lost wages. Because they were hurt more, some plaintiffs get more money than others. Conversely, some people get less because they weren’t hurt as badly..
Pain and Suffering Claims without an Attorney Are Harder If You Are Badly Hurt
If you are injured in an accident, it is important to know what types of damages you might be entitled to receive. You could potentially recover compensation for pain and suffering, medical bills, missing wages, damaged property, and even punitive damages.
However, determining fair compensation is probably beyond your own ability. Legal guidance will give you a much better idea of what to expect.
The types of pain can reflect the injury, with threshold injury being more severe. In some cases, you may be able to file a lawsuit against the person responsible for causing your injuries. This lawsuit includes insurance companies, employers, and government agencies.
Having a lawyer also significantly affects how much money is awarded for personal injuries. For example, the average compensation for those who hired a lawyer was $77,600. For those who didn’t, it was a lot less. So a settlement for pain should always be professionally investigated.
The Difficulty of Getting Money for Pain and Suffering for Car Accident Victims
In most cases, you’re covered under your auto insurance policy for medical bills related to your car accident. However, motorist insurance policy limits are not in your favor, and you will require a good personal injury lawyer to pursue your claim.
Arizona uses the traditional “fault” system to decide who is responsible for injuries, damaged vehicles, and other losses after a crash. Settlement ranges can depend on various factors, including:
- Was it a careless driver?
- Was there an additional driver or passenger at fault?
- If you could negotiate a fair accident settlement
The accident scene will, of course, be investigated. Any insurance disclosure and additional insurance must also be considered.
Insurance companies often try to avoid having to pay out large sums of money. They do this by arguing that your injuries aren’t severe enough to warrant a payout. Unfortunately, money for pain is very tricky, with a guide to pain often being very subjective.
To counter this argument, your attorney will present evidence showing that your injuries caused significant emotional distress. Settlements for pain almost always require a good personal injury lawyer to agree with medical providers.
Arizona Injury Law: What to Expect From Your Claim
The courts in Arizona, if approached in the correct legal manner, can be sympathetic to an accident victim’s condition.
Money won’t diminish pain but will help you compensate for the damage the accident has done to your life.
Claiming money for pain and suffering damages has to be backed up by strong evidence. The injury photos and statements from the accident scene are just some of the many factors a good injury attorney should advise you on.
When deciding settlement for pain and personal injury settlements, the courts will look at many things, such as:
- How much damage was done
- How bad the damage was
- If medical care is essential
- Expected recovery time
- Opinions of healthcare providers
- Are there permanent injuries?
A permanent injury or threshold injury will understandably attract a larger settlement.
How Long Will Your Pain and Suffering Claim Take to Resolve?
Pain and suffering claims are typically resolved within six months. However, complicated cases may have a longer resolution period.
If you’ve been injured in a car crash, you’ll likely need to provide evidence such as x-rays, MRIs, physical therapy reports, doctor notes, etc. In addition, you’ll need to prove that a lot of physical and mental pain is being endured.
Insurance companies don’t want to spend too much on pain and suffering claims because they know that paying out large amounts of cash could lead to future lawsuits. So they try to minimize payments. To do this, they often ask for proof of injury, like medical records and bills.
A good lawyer will help you with these documents and fight your case.
Arizona Legal Advice for Non-Life Threatening Injuries
If you were injured through no fault of your own, you might have grounds to sue and receive compensation. You may finally have an answer to your injury-induced financial worries.
Book a no-cost no-obligation legal strategy session with Wade and Nysather today.