Kirk Bernard

The holidays are a time when traffic accidents multiply, not only because of an increase in people driving under the influence, but also because the weather begins to change and people are still adjusting to driving in stormy weather and in the dark. It’s always a shock when you get in a car accident because we all live in a bubble and tend to believe that bad things cannot happen to us. Hopefully, nothing bad will happen.

That said, it is always important to be prepared. It can make a huge difference when it comes to protecting yourself and knowing your rights. If you are involved in a car accident, here are some tips that you might find useful:

1. Keep an emergency kit in your glove compartment. Drivers should carry a cell phone, a notepad and paper, a disposable camera to take photos of the accident scene and a card about allergies or conditions that may require special attention if there are serious injuries. It is also important to keep a list of contact numbers handy. It’s also a good idea to have a set of cones or emergency flares in the trunk.
2. Move your vehicle out of the roadway as safely and quickly as possible. Of course, this doesn’t apply to a serious accident. But where minor accidents are concerned, it’s a good idea to remove your vehicle from the roadway so it doesn’t result in additional accidents or more serious accidents. If the car cannot be moved, drivers and passengers should remain in the vehicle with seatbelts fastened until help arrives. The hazard lights should be on.
3. After the accident, always exchange information with the other party including name, address, phone number, insurance company, policy number, driver license number and license plate number for the driver and owner of each vehicle. Also, make a written description of the car, make, model, year and color. Never tell anyone that the accident was your fault even if you may think at the time that it was your fault.
4. Carefully photograph and document the accident. This is where your disposable camera will come in handy. Draw diagrams that show the position of each vehicle. If you find witnesses, get their contact information. Witnesses are extremely valuable in an auto accident case especially when multiple vehicles and victims are involved. They may be able to corroborate your account of what happened.
5. File an accident report. This often helps insurance companies speed up the claims process.
6. Contact an experienced Seattle personal injury lawyer immediately. Especially in serious car accidents, every minute is precious because valuable evidence at the scene may be lost. Retain the services of an attorney right away, especially if the accident involves serious injuries or fatalities.

If you or a loved one has been injured in a Washington auto accident, please contact the experienced Washington personal injury attorneys at The Bernard Law Group at 1-800-418-8282 or info@bernardlawgroup.com for a FREE comprehensive and confidential consultation. We can also send you our FREE informational brochure, which has useful educational information about auto accidents that will help you better understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

When it comes to a personal injury case—whether it involves an auto accident, medical negligence or public liability—a plaintiff (the injured party) is entitled to compensation for all damages directly associated with the personal injury claim. This can include past, present and future injuries, such as physical injuries, psychological and/or emotional injury, permanent disability, lost wages, permanent impairment of earning capacity, medical costs, out-of-pocket expenses, and more. One such other damage is pain and suffering.

Pain and suffering is a “general” damage recoverable by an injured party in a personal damage claim. The definition of pain and suffering is physical and mental distress suffered because of an injury caused by another. It includes the following four main characteristics:

1. Physical Pain

   The aches and pains of physical injuries, like broken bones, cuts and bruises, and disfigurement.

2. Temporary and Permanent Limitations on Activities

   These are the dos and don’ts during the healing process, which are temporary, and the residual permanent limitations after the healing. The inability to continue doing one’s job temporarily or permanently may also apply here.

3. Potential Shortening of Life

   If life-threatening injuries are incurred, the injured party’s life span may be shortened.

4. Emotional or Mental Distress

   Emotional and mental distress is compensable. This could be mental distress stemming from a physical disfigurement, depression resulting from the inability to be whole again and worry over the inability to work and pay the bills for the family’s daily life.

Since the only way to compensate injured parties through the judicial process is to translate the compensation into dollars, determining a fair amount for pain and suffering can be a bit difficult. Generally, the injured party will work with a professional legal team to estimate how much compensation is needed to cover the aspects of pain and suffering. Also, federal or state law may have caps in place to limit pain and suffering awards.

Many factors come together to determine a monetary award for pain and suffering. No scientific formulas apply. Each case must be evaluated independently because no two individuals react to pain and mental distress in the same way. A higher award may be given to a party who has better documented the healing process and any residual limitations. The jurisdiction in which the accident occurred may even affect the award based on the cost of living or the demographic of society.

Other factors taken into account by insurance companies and jurors contribute to an award of pain and suffering. For instance, there is the credibility of both professional and lay witnesses. Heavier weight might be given a pain management physician, but a family member testifying about activities that the family cannot participate in as a unit also bears weight. Pre-existing conditions that have been exacerbated must be taken into account. The changes in marital relations are considered. All these factors and more go into the evaluation of pain and suffering.

The fundamental general damages are varied and many. It is generally a good idea to consult an experienced Seattle personal injury attorney who can more accurately assess which elements of pain and suffering should be attributed to a claim for fair and adequate compensation. At the Bernard Law Group, Kirk Bernard and his team of legal professionals have the knowledge and skills to assist you with your personal injury case. Contact the Bernard Law Group today to learn more about how you may be able to receive compensation for the pain and suffering you’ve endured because of another person’s negligence actions.

Welcome to KirkBernard.com.  Stay tuned for our accident & injury legal blog posts.