In the state of Washington, you can sue for pain and suffering and emotional distress if you’re involved in a car accident.
In a personal injury claim, plaintiffs are entitled to both economic and non-economic damages. Economic damages include:
● Property damage
● Medical costs
● Lost time from work
● Loss of work
In other words, they’re verifiable objective losses that an individual has suffered as result of another person’s negligence. This is the same for traffic accidents as it is for anything else.
Non-economic damages, on the other hand, are subjective losses that also occur as a result of another person’s negligence. These can include:
● Pain and suffering
● Emotional anguish
● Loss of enjoyment
● Disability or disfigurement
● Inability to do household chores
● Loss of consortium
● Loss of society
Pain and suffering can include anxiety, post-traumatic stress, and depression as a result of not being able to enjoy the things you once enjoyed.
Proving Non-Economic Damages
Economic damages can take various forms. For instance, if you were in a car accident that resulted in severe chronic pain to your knee, this would be something you can collect on. In addition, you would also be entitled to collect on the fact that you are no longer able to play your favorite sport because of the injury. In this case, you would simply need a doctor’s report outlining the extent of the damage and the cause of the pain.
In some instances, an individual may lose the use of their legs entirely. As a result, they need both chronic care, and can no longer do the things they once enjoyed. One of those things is sex. This person would be entitled to damages under loss of consortium.
Each of these losses is calculated differently. For instance, pain and suffering can either be temporary or permanent. There may be different degrees of pain and suffering. In each instance, the plaintiff will need to prove that pain and suffering occurred, how long it occurred, and what it was.
Insurance companies will not help you receive any of these damages. For that, you need a skilled car accident attorney. Kapuza Lighty PLLC of Yakima, Washington has handled cases like this throughout Eastern Washington, including Grant County, Benton County, Kittitas County. Give us a call or contact us online and we’ll ensure you get every penny that you’re owed.