Insurance companies do pay for pain and suffering. However, to qualify for compensation for your pain and suffering, you must first meet the threshold set by the Insurance Act.
According to the Insurance Act, your injuries must meet the threshold to recover any non-pecuniary damages. Non-pecuniary damages are, essentially, damages that you incur in an accident that do not have an economic value attached.
The threshold for Insurance Act occurs under three conditions. The victim either dies, suffers a serious, permanent disfigurement, or is left with a physical, mental, or psychological impairment.
There is another limit that applies to pain and suffering damages as well: the statutory deductible.
If you’re asking do insurance companies pay for pain and suffering, you should know that according to the Insurance Act, damages awarded to the injured person are subject to a mandatory deductible. This deductible is money automatically taken out of any award given to the injured party after a car accident.
Types of Injuries That Victims Incur After Car Accidents
If you’re asking do insurance companies pay for pain and suffering, you should know there are a wide variety of injuries that someone might receive as a result of a car accident. While this list is in no way all-inclusive, some of the types of injuries include:
Traumatic Brain Injuries (TBIs)
These injuries may occur as a result of a jolt or blow to the head. While someone may only experience a momentary loss of consciousness and headaches as a result of a mild TBI, serious injuries to the brain may result in torn tissue, bleeding, and other damage. In severe cases, the victim may experience confusion and slurred speech.
Spinal Cord Injuries
The spinal cord is responsible for sending messages from the brain to other parts of the body. Therefore, when the spinal cord is injured, it may be difficult or impossible for messages to be delivered correctly. Many accident victims experience difficulty walking, numbness, and headaches. Though some people are able to live long, full lives after experiencing a spinal cord injury, the majority require wheelchairs and other assistive devices.
Internal bleeding may rapidly become life-threatening if not treated right away. In cases of severe hemorrhaging, the accident victim may also experience external bleeding, organ failure, and eventually, death.
Broken ribs may occur if you experience a sudden blow to the chest. This type of injury is painful and reduces mobility while healing, although it usually heals on its own, given proper rest. In serious cases, though, a broken rib may puncture the lungs or other organs or damage the heart.
Broken bones are a relatively common injury that, with proper treatment, typically may heal with no complications. However, if the bone pierces the skin, a break may create the potential for complications, including nerve damage or infection.
This injury typically occurs in rear-end accidents. The injury is a result of a rapid back and forth movement of the head. This type of injury usually heals, with treatment, within a few weeks. However, some people may experience long-lasting complications and discomfort, especially those who already had low back pain, have had whiplash before, or sustained their injury in a high-speed collision.
Types of Damages You May Recover After a Car Accident
If you’re asking the question do insurance companies pay for pain and suffering, you should know that there are a wide variety of damages that you may be able to recover after a car accident. While we may not estimate your damages without first evaluating the details of your case, and while this list is by no means complete, some types of damages you may qualify to receive include:
- Medical costs
- Past and future wages
- Out-of-pocket expenses
- Dismemberment or disfigurement
- Pain and suffering
- And more if you qualify
If your loved one did not survive the accident, your family may qualify to receive:
- Funeral and burial costs
- Pain and suffering
- Loss of consortium
- Loss of support and protection
- Wages and benefits previously provided by the deceased
- And possibly more
Again, this list is not all-inclusive, but it does give you a general idea of the types of damages you may recover after a car accident.
If you or a loved one has suffered injuries in a car accident, you are not alone. Our team may be able to evaluate the details of your case and explain your legal options for recovering damages, including any non-economic damages like pain and suffering. To speak with a member of our team and take advantage of our free initial consultation, contact Preszler Injury Lawyers at (416) 364-2000.