Pain and Suffering Compensation in Amazon, UPS, and FedEx Truck Accidents.
It’s understandable if you’re experiencing physical pain and a flood of emotions after getting into an accident involving an Amazon, UPS, or FedEx truck. The event can be traumatizing, especially considering the size of the vehicle. You may be eligible to receive pain and suffering damages, depending on the circumstances involved with the accident. Speaking with a truck accident lawyer knowledgeable about these types of cases can prove beneficial.
What Are Pain and Suffering Damages?
Pain and suffering damages are a form of compensation awarded in legal cases. You’ll typically see it as part of personal injury lawsuits. The “pain” aspect pertains to the physical pain experienced as a result of the event, such as nerve damage or broken bones. The “suffering” refers to the emotional element, including PTSD, anxiety, or depression. It also involves considering what physical and emotional toll this will have on you in the future rather than just what you’re experiencing currently and what you’ve already been through.
How Are Pain and Suffering Damages Calculated?
Certain aspects of a personal injury case are easy to calculate because there are defined monetary numbers to reference. A jury may award more or less depending on the circumstances. However, these cases involve more than simple dollar amounts. The emotional aspect also plays a part.
An exceptional truck crash lawyer will be able to work with you to come up with a monetary number that reflects (to some extent) what you feel you deserve and think you’ll most likely get. Attorneys usually use the Per-Diem Method or the Multiplier Method to calculate pain and suffering damages.
The Per-Diem Method involves your truck collision attorney establishing a daily “value,” which usually starts with how much you, as the victim, earn daily through work. They then multiply that dollar amount by the days of pain and suffering, starting with the accident date, to get the total amount.
The Multiplier Method has three parts. It starts with calculating your medical expenses but not just what you’ve incurred so far. Future medical costs are also taken into account. Next is deciding on the multiplier, which typically ranges on a scale from 1.5 to 5. The higher the number, the more serious the injuries. Lastly, multiply those two numbers together to get a monetary amount. Let’s say your medical bills total $20,000, and the multiplier is 3. Your truck collision lawyer will take $20,000 x 3 to estimate a $60,000 amount for pain and suffering damages.
Factors That Affect Pain and Suffering Settlements
Your truck accident attorney may ask for a specific amount in damages, but that doesn’t mean the jury or judge will agree with that amount. They could give more or less, depending on what they feel is best according to the circumstances of the case. Several factors are taken into consideration when deciding the monetary amount of pain and suffering settlements.
Some of the factors may include:
- Severity of the injuries
- Severity of the accident itself
- Whether the injuries required surgery
- Whether the injuries will require ongoing care, such as physical therapy
- Age of the victim
- Circumstances of the accident, such as if the truck driver was speeding
- Whether you want a settlement or to go to trial
- Witness testimonies
- Influence on the ability to work/earn an income
- The duration of the pain and suffering (i.e., short term vs. permanent)
- Loss of quality of life
- Psychological and emotional impact
Examples of Pain and Suffering Settlements in Delivery Truck Accidents
Specific examples of pain and suffering cases involving UPS, Amazon, and FedEx truck accidents can be challenging to find as many details are confidential. Accidents may be discussed in the media, but it’s common to hear that a settlement or compensation amount, if any, isn’t being disclosed.
Numerous circumstances and factors are involved with each case that can impact the monetary amounts, including what the jury or judge ultimately decides. For instance, two people may have similar accidents involving a UPS, Amazon, or FedEx truck and even have similar injuries. However, one person might have more medical costs than the other, which may make the requested settlement amounts different when using the Multiplier Method. When using the Per-Diem Method, one person may make more each day than the other, which could also result in different amounts.
The severity of the injuries will play a crucial role in the amount of pain and suffering damages. For example, one person may hurt their back in an accident and miss a week of work, but there’s no long-term damage. Their case would likely fall under the “minor” category. A fatality/wrongful death falls under “severe.”
Challenges in Getting Compensation
Having proof is crucial in demonstrating pain and suffering in an Amazon, UPS, or FedEx truck accident case. However, some aspects are more challenging to prove than others. For example, it can be difficult to accurately demonstrate how someone emotionally feels regarding the trauma from the accident. Everyone’s emotional pain levels are subjective. It’s not something that’s visible and can be proven through an X-ray. Physical damages are typically much easier to prove.
Pre-existing conditions can also complicate getting pain and suffering compensation. For instance, an Amazon, FedEx, or UPS truck accident attorney may say that most of the pain and suffering stems from the pre-existing conditions of the victim rather than the accident itself.
Sometimes, if there’s not enough proof, or even if there is, it may turn into a situation of a victim’s word versus the word of the truck driver, depending on the circumstances. If the truck driver is the defendant, their attorney might argue that the victim is actually at fault and their client is innocent. Some attorneys may also offer the lowest settlement amounts possible, even if they know the victim deserves much more.
Unfortunately, a victim could face numerous challenges when trying to get pain and suffering compensation after an accident with an Amazon, UPS, or FedEx truck. The more you can prove physical and emotional damages, the better it could be for your case.
How to Prove Pain and Suffering in a Truck Accident Case
The more physical documentation you have regarding the truck accident case, the more it could work out in your favor. Start collecting the documentation from the moment the accident happens.
Some types include:
- Photographs of the accident site
- Photographs of the damage to the vehicles
- Photographs of the physical injuries
- Diagnostic imaging
- All medical records, including prescriptions
- Doctor’s notes
- Medical bills corresponding to the care and treatments
- Witness statements
- Expert testimony
- Employer records indicating lost pay
- Records from mental health appointments
- Vehicle insurance paperwork
- Medical insurance paperwork
- Police reports
What Should You Do After an Amazon, UPS, or FedEx Truck Accident?
Much of the documentation you’ll get from others. However, you can play your part by providing your own documentation to your truck accident lawyer that they could use during the case. One of the best things you can do after an accident with an Amazon, UPS, or FedEx truck is to start documenting everything.
Some of the proof you can personally document includes:
- Photographs you take of the accident scene
- Photographs you take of your initial injuries
- Photographs you take of the ongoing condition of your injuries
- Dashcam footage
- A daily journal detailing your physical pain
- A daily journal detailing your feelings and mental state
Witness statements are another form of documentation that’s ideal to collect. However, many victims believe that a witness statement only pertains to those who saw the actual accident happen. That’s not necessarily the case. While you should get one or more witness statements from people who saw the accident, it could also prove beneficial to get statements from those who see you and are around you after the accident.
For example, family, friends, and coworkers can attest to your physical or mental well-being. Ask them to write factual and accurate statements based on what they personally witnessed regarding your emotional and physical state after the accident. They can help corroborate the testimony and add credibility to your claims.
All the information you provide must be completely accurate and honest about how you physically and emotionally feel. The more proof you can provide in conjunction with documentation from others, the more challenging it will be for the Amazon, UPS, or FedEx truck accident lawyer to argue against your case.
Don’t wait to pursue the pain and suffering damages that you deserve after getting into a traumatic accident with an Amazon, UPS, or FedEx truck. It’s crucial to start the process as quickly as possible so you have enough time to put together an excellent case. A reputable truck crash attorney is the best person to have on your team. Reach out today for more information about receiving the help you need to get through the process.