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Amusement parks are a great way to spend time with friends and family. They provide many outlets for thrill-seekers and those who want to relax. However, not every trip to an amusement park is all fun and games. When an accident happens, a fun day can quickly turn into a nightmare for your whole family. Wild Waves Theme and Water Park is located in Federal Way, WA. It has several thrill rides, from The Wild Thing to the Timber Axe and features unique zip line rides and bungee jumping. The water park also has a lazy river, several water slides, and other water activities. While amusement park accidents are somewhat rare, especially compared to car accidents, they can be very serious when they occur. For example, in 2016, a 32-year-old man drowned at Wild Waves Theme Park, reportedly after being injured from a jump in the activity pool. Thankfully, most amusement park accidents are not this serious, but even minor accidents will often lead to legal liability for the amusement park owners.

An Overview of Amusement Park Accidents

Approximately 30,000 amusement park injuries occur every year. According to one source, the chance of being injured on a ride is one in about 16 million. In comparison, you have a one-in-700,000 chance of being struck by lightning (or one in 15,300 in your lifetime).Many accidents at amusement parks involve children. Most fatalities occur on roller coasters, with whirling rides coming in a close second. However, unless the accident is serious, it can be difficult to know exactly how often amusement park injuries occur. Some minor accidents are not reported, so amusement park accidents may occur more frequently than the statistics show. Examples of amusement park accidents include:

• Water-related and drowning accidents on water rides and lazy-river attractions
• Brain damage, including aneurysms, from roller coasters and other thrill rides
• Cuts, bruises, and broken bones
• Stroke due to the trauma from a ride
• Head, neck, and back injuries from being whipped around on rides and being bumped (such as on bumper cars or bumper boats).

This list is just a small sampling of injuries that might occur at an amusement park.

Why Amusement Park Accidents Occur

General Premises Liability Concerns

First, it is important to point out that you can injure yourself at an amusement park both on and off a ride. The amusement park management and owners have a duty to you as a visitor to keep the park safe, which applies to rides and the park grounds themselves. For example, imagine that you injure yourself because you slipped and fell while walking to a ride. In that situation, you may still have legal options to recoup damages for your injuries through a premises liability lawsuit. You do not have to be injured on a ride or attraction to start a lawsuit against an amusement park.

Mechanical Failures

Amusement park rides, even the water attractions you will see at Wild Waves Theme Park, all have internal operations that must function properly, so that the ride operates as intended. If there is a mechanical failure, the ride can become unsafe and cause injuries. Examples of Wild Waves Theme Park accidents caused by mechanical failure might include:

• Electrical problems that become dangerous because of water exposure
• Lap bar detaches during a roller coaster ride
• The ride comes off the tracks
• The structure holding up the log ride breaks or falls

In any of these situations, the failure could be the result of a manufacturing problem (such as a design or manufacturing defect), or it may be caused by a failure to properly maintain the ride.

Improper Ride Operation

Most rides have amusement park employees checking to be sure that seat belts are fastened and lap bars come down properly. They might even strap you in themselves instead of having you fasten your own seat belt. When the operator does not check these safety features or does not use them properly, it can cause serious, life-threatening accidents. Ride operators often just have to push a button to get a ride started. They may not have many options to slow or stop a ride unless there is a true emergency. However, if a ride stops suddenly because of an error, that abrupt stop can lead to severe injuries in many cases as well.

Passenger Misuse or Failure to Follow Instructions

Not every amusement park accident will be entirely the park’s fault. Instead, some park visitors will ignore safety rules and regulations, such as taking off their seatbelt during a ride or jumping into the water where it is dangerous to do so. In most situations, if the main cause of your accident at an amusement park was because you were being reckless or failing to follow the rules, you may not be able to bring a lawsuit. For example, a Wild Waves accident lawsuit for injuries on a roller coaster because you jumped out likely will not be very successful. However, if Wild Waves did not tell you to buckle up or did not give you a safety belt, the result could be very different.

The General Dangerous Nature of an Amusement Park Ride

Some amusement park rides are just more dangerous than others. They might be working properly, with everyone doing everything they were supposed to do, but there still could be an injury. For example, thrill rides have been known to cause headaches, dizziness, and nausea. In severe cases, it can lead to retinal hemorrhage, subdural hematoma, or loss of consciousness.

Can I Sue If I’m Injured at Wild Waves Theme Park?

Yes—you can sue any amusement park if you were injured at the theme park and your situation meets specific qualifications.

Claims for Negligence

In most situations, you will have to prove that the amusement park was negligent in some way to be successful in a Wild Waves injury lawsuit. The term “negligence” generally means that someone was careless or inattentive. To have a good outcome in a lawsuit, you must show that the amusement park’s negligence caused your injuries. Wild Waves Theme Park’s employees are generally considered representatives of Wild Waves. That means that if an employee is careless, that action will be imputed to Wild Waves as if the theme park had taken that action itself. There are a few exceptions to this general rule, but this rule will apply in most cases. Common examples of negligence at a theme park that might lead to injuries include:

• Failing to properly train staff people about specific rides and safety requirements
• Not warning visitors about the dangers of going on a ride
• Giving riders incorrect instructions
• Not having trained safety personnel (lifeguards are the most common example)
• Not operating a ride properly
• Failing to follow safety rules or protocol (such as waiting the required amount of time to allow visitors to go down a water slide safely).

There are a lot of situations where someone can be hurt at Wild Waves Theme Park or any other amusement park. This list is not exhaustive.

Claims for Premises Liability

Premises liability arises when a property owner fails to maintain a property in a reasonably safe manner. General premises liability rules apply to theme parks just as they would a grocery store, department store, or other commercial property. Maintaining the rides often falls into a premises liability claim at a theme park, but there is a great deal of overlap with negligence claims as well. Examples of premises liability situations might include:

• Failing to maintain the rides in a way that keeps them safe for guests
• Not inspecting the rides regularly for wear and tear or other problems
• Failing to keep dangerous debris and substances off the sidewalks, walkways, and in the path of rides or activities.

In general, the amusement park, including Wild Waves Theme Park, has a duty to ensure that all of its activities, rides, and other areas are safe for visitors. That means they should keep up with maintenance, test rides from time to time, and stop visitors from going to a particular location or riding a specific ride if there is a chance that it is not safe.

Product Liability Claims

The ride itself may have been designed improperly or put together incorrectly, making it unsafe or unreasonably dangerous in some situations. In those situations, your lawsuit might not be against the amusement park itself, but might involve the company or individual who created the ride on which you were injured. In some cases, the park designs the rides themselves, but in many situations, there is a third party involved in the design and manufacture of the amusement park ride.

Get Legal Help with an Injury at Wild Waves Theme Park

If you have been injured at Wild Waves Theme Park or any other amusement park, you may have legal options. The best way to learn about what you should do next is to talk to an experienced attorney in your area. Call Strong Law at 206-210-1399 to speak to a premises liability attorney and learn more about how our team can help.

Your Furniture May Be Dangerous

Children Are at Risk

Did you know that the furniture in your home could pose a health risk to your children? Quite possibly, the answer to this question is “no.” While information on keeping your family safe is shared constantly by news sources and social media, chances are you never considered your furniture to be particularly hazardous. Frighteningly, it may be.Young children are active. They pull and climb on things you never would consider. It is not surprising for parents to turn around and see their 3-year-old scaling a shelving unit, or their five-year-old climbing up half-opened drawers to attempt to reach an item at the top of a dresser. The force with which a tipping piece of furniture can fall is alarming, to say the least. This video, produced in 2009 by the U.S. Consumer Products Safety Commission, illustrates how frightening an accident like this can be. While the video is several years old, the dangers of falling furniture remain a prevalent problem today.Unfortunately, furniture is not always sturdy. And it can be heavy, particularly in relation to a small child. The impact of falling furniture can be devastating, causing permanent injury and even death.

Understanding Furniture Accidents

How Many Children Are Killed by Falling Furniture?

Simply asking this question is disheartening. Answering it is heartbreaking. Injury Epidemiology provides details from the Consumer Product Safety Commission and their study on injuries from the tip-over of furniture, TVs, and appliances. 469 children between the ages of one month and fourteen years were killed in tip-over-related related accidents from 2009-2019. Additionally, the annual average (during this time period) of incidents that resulted in an emergency room visit for children under the age of 18 was 11,300. These situations are not isolated.It is important to recognize that while children, particularly young kids, are highly susceptible to serious injury and death because of their size, tipping furniture is an issue that affects individuals of all ages. In fact, emergency room visits for those aged 18-59 numbered 10,000, and for seniors over 60 it was 4,200 during this same time period. Both the injury and death figures are startling. These are accidents that can and should be avoided.

Frequent Furniture Tip-Over Injuries

When you think about how much furniture weighs, it’s not hard to understand how a serious injury can result when a piece falls, especially when the victim is a child. Injuries often seen in emergency rooms that result from furniture falls include:

• Contusions, abrasions and lacerations
• Internal organ injuries
• Broken bones
• Suffocation (from being trapped beneath a fallen item)
• Head and neck injuries (including traumatic brain injuries)
• Loss of limb.

The cost of the medical care necessary to treat these injuries can be considerable. And, needless to say, the emotional trauma is significant.

Injury Recourse – Help Is Available

If your child (or an adult in your family) was a victim of tipping or falling furniture, chances are you are overwhelmed. You must manage the situation at hand (medical treatment and recovery or, in the most unfortunate circumstances, loss of life). The financial and emotional costs are considerable.

A product liability attorney may be able to help you obtain a settlement to compensate you for your losses.

In addition to manufacturers (who are responsible for producing safe products), others may be held accountable for falling furniture accidents, including suppliers, furniture designers, distributors, and retailers.Product liability cases require proof of the following:

• Manufacturing Defects: These can be the result of poor workmanship, inadequate materials, or a disparity between the final product and its original design.
• Design Defects: This is when the product itself has issues. You must be able to prove that a safer design, produced under the same cost constraints, was possible.
• Marketing Defects: Product dangers (warnings) must be appropriately communicated to users. When they are not, marketing defects exist and those responsible may be held liable.

The product liability lawyers at Strong Law Firm can evaluate your situation and provide valuable advice as to how to move forward. Contact us today at 206-210-1399 for more information on how we can help you.

Product Liability Cases

Over the years, across the country, a host of falling furniture cases have been negotiated and litigated. At times, the settlements have been considerable.

• A Central Florida family obtained a $17.5 million settlement after their two-year-old daughter was killed when a dresser fell on her. The manufacturer ultimately agreed to both the financial payout and to provide warnings to end-users about furniture tipping and the importance of anchoring furniture to the wall.
• A mother was awarded $10 million when her son was killed by a lunch table that fell on him at school.
• The furniture giant
  IKEA
  has both issued product recalls and been the subject of multiple lawsuits and issues. Settlements have included:
  • $46 million awarded to the parents of a child killed when a dresser fell on him, crushing his neck and causing him to suffocate.
  • $50 million awarded to three families, each of whom had children killed by tipping “MALM” brand dressers.
  • $2.3 million to the family of a three-year-old girl who died when a wardrobe fell on top of her.

In other instances, many companies, including Crate and Barrel, have recalled their products as a result of injuries suffered by owners.

How Do You Keep Furniture From Tipping?

Recognizing the Risk

The first step in protecting your family from tipping furniture is truly acknowledging that certain pieces of furniture do pose a safety risk. Many people simply don’t appreciate this fact. The number of incidents, injuries, and deaths is all the proof you should need to do a thorough safety review of the furniture in your home. The following pieces of furniture are among those most likely to be a safety risk:

• Chests and dressers
• Shelving units and bookshelves
• Cabinets.

These often heavy and unbalanced pieces have proven to be among the most dangerous. Keep in mind, dangers lurk everywhere in your home. You want to make sure each room is reviewed and protected.

Proven Safety Tips

We should all take the time to ensure that our houses are safe in every way possible. Steps you can take to prevent furniture from tipping include:

• Shopping smartly: When purchasing new furniture, make wise choices. If something looks like it is unsteady and may fall, it likely will. Wide, bottom-heavy, short furniture tends to be more sturdy than its taller, lighter counterparts.
• Anchoring: Anchoring heavy furniture and televisions is inexpensive and relatively easy to do if you are moderately handy. If you are not, or don’t have the required tools (like a drill), consider hiring a professional to help. A stud in a wall is the most secure spot to place the anchor.
• Considering Furniture Locations: It is always safer to place your furniture on solid ground. Uneven flooring can increase instability. If you have area rugs, ensure that the entire piece of furniture is either on the rug or off of it. Half on and half off is a recipe for disaster.
• Be Boring: Compelling items, like toys and electronics, stored in a high location are tempting for young (and often agile) climbers. Keep items that may be of interest to your children accessible to them. Better yet, keep everything that is on high shelves out of eyesight. Children are mesmerized by the strangest things. It’s best to not tempt them.
• Storing Smartly: Keep your heaviest items (like books) in your bottom drawers and on the lower shelves. This both helps provide stability and decreases the risk of a heavy item falling and hitting someone.
• Hide Cords: For some reason, there is nothing more tempting than an electrical cord — children see them and pull. This can cause lamps and heavy electronics to fall and may cause serious injury. Keep cords out reach of children by securing them behind furniture. Out of sight, out of mind.

Taking extra care by using the suggestions above helps protect your family and guests in your home. A little bit of time and planning is well worth the effort.

Contact Strong Law Today

The Knowledge and Experience You Need

If your child is the victim of a toppling furniture accident, contact the product liability lawyers at Strong Law today at 206-210-1399. The physical and emotional costs associated with accidents like this are considerable. The advice of respected professionals can assist you in determining how best to move forward, and their services can help you be compensated for medical expenses, lost wages, and pain and suffering.The attorneys at Strong Law believe that organizations are responsible for designing, manufacturing, and selling furniture that is safe to use. And, when accidents occur because of their negligence, they should be held accountable.

If someone you love lost their life because of the negligence or recklessness of another individual or organization, you are likely devastated, frustrated, and angry, as well you should be. You may believe you have a legal case, but without experience and understanding of the law, you may also wonder, how do you prove a wrongful death claim?

Loss of life, under any circumstance, is tragic. But when the incident was clearly preventable, a wrongful death lawsuit may make sense.

The wrongful death attorneys at Strong Law in Tacoma can review the circumstances surrounding the death of your family member and determine whether it qualifies as wrongful death. If it does, you may be entitled to compensation. Contact us today at 206-210-1399 for your free consultation.

Wrongful Death Laws in Washington

The Primary Difference Between Civil and Criminal Cases

Across the country, each state has specific laws relating to wrongful death.  Washington is no exception. Successful wrongful death suits, which result in the award of monetary damages, are civil suits and are filed by direct survivors (family members) of the individual who has died. According to RCW 4.20.010 Wrongful death—Right of action, these suits can be filed at the same time as criminal suits, which would be initiated by the state and could result in probation or even prison time.

Recognizing the Burden of Proof

Wrongful death lawsuits, like others, rely on proof. That said, many of us understand the burden of proof only as it pertains to criminal cases. In these instances, the prosecuting attorneys are charged with proving their case beyond a reasonable doubt.

On the other hand, in civil cases, like wrongful death lawsuits, the attorney must prove his or her case by a preponderance of the evidence. In other words, it needs to seem likely that the issue being claimed is true. The bar is lower and easier to achieve.

When you work with the attorneys at Strong Law, we will completely investigate all claims, meet with witnesses, identify experts, and develop a legal strategy. We will leverage our years of experience to fulfill the requirements as stated by law.

Who Can Benefit from a Wrongful Death Claim?

Each state legislates who can file a wrongful death claim. In Washington, the individuals who can sue for wrongful death are determined by RCW 4.20.020. The law specifies that the beneficiaries can be:

• A spouse/state-registered domestic partner
• A child/children (including step-children)
• Parents
• Siblings.

Generally, the filing is completed by an individual designated as the personal representative. This person was most likely identified in the will of the deceased as the executor. He or she will act on behalf of the beneficiaries throughout the lawsuit.

Understanding Wrongful Death

Learn What You Need to Prove Wrongful Death

It is important to recognize that four very specific points must be proven in a wrongful death case. These include:

• Negligence: Always first on the list, negligence is key in wrongful death claims. Your attorneys must prove that the death of your loved one was the result of the carelessness, recklessness, or negligent acts of another person or organization.
• Breach of Duty: Also, they must prove that the defendant (the person they hold responsible for the family member’s death) “owed a duty” to the deceased. There had to have been some type of “relationship.” This concept can be confusing. Consider these three examples.

1. Physicians owe their patients accurate, quality medical care.
2. Manufacturers owe consumers safe products, ones that do not cause harm when used.
3. Drivers, on the roads, are responsible for following traffic rules. They owe the other vehicles, as well as pedestrians, the opportunity for safe travel.

• Causation: It is not enough for an event to have occurred. The death of your family member must be attributable to the act that killed him or her.
• Damages: Because wrongful death claims are civil in nature, the award is almost always financial. That said, your attorney must prove that quantifiable damages do exist. These can include, for example, ambulance transfer, hospital bills, other medical expenses, funeral costs, and loss of income.

Your wrongful death attorney will negotiate with the insurance companies to reach an agreement. The goal is always to settle out of court. However, it is not always possible to reach an acceptable compromise. When this is the case, your attorney will represent you in court, where they will prove the four issues explained above. This may require the testimony of expert witnesses. Leveraging their knowledge and experience makes your case stronger.

What Qualifies as Wrongful Death

Unfortunately, wrongful death lawsuits are commonplace, both in Washington and around the country. Accidents happen, and, sadly, sometimes they cause injuries and even death.

As you may expect, some events result in wrongful death more often than others. Some of the most common include, but are not limited to:

• Medical malpractice
• Injuries during birth
• Accidents at work
• Vehicular accidents
• Criminal actions
• Premises accidents
• Occupational exposure.

Once again, this list is not all-inclusive. If you have lost someone to an event, whether or not on this list, confer with wrongful death attorneys. They can help determine whether you have a case.

Understanding Wrongful Death Compensation

A common question raised by those who have lost a loved one due to the negligence of another is “how much can I sue for?” Because the compensation is based on a combination of monetary damages and pain and suffering, the answer for each case is unique.

Your wrongful death attorney will work with you to calculate the damages. These will be a combination of all affiliated medical expenses, funeral and burial costs, and loss of wages. Additionally, you can be compensated for the pain and suffering associated with your loss.

Legal Assistance in Wrongful Death Cases

Timing is critical in wrongful death cases. Especially after accidents, communication from outside parties seems almost immediate. It is better if your attorneys handle all these conversations; they are looking out for your best interests.

If your loved one has lost their life due to the reckless or negligent actions of a person, group of people, or organization, you should contact a reputable wrongful death attorney immediately.

These types of cases can become complicated, and the knowledge and assistance from an experienced professional can truly be the difference when it comes to being compensated for the loss of your loved one.

Our Team at Strong Law Firm in Tacoma Can Help You

The wrongful death attorneys at Strong Law have a reputation for successfully managing wrongful death suits. They understand the state laws in Washington and are experienced both with insurance company negotiation and litigation. They believe, without a doubt, that negligent parties must be held accountable for their actions.

When you work with Strong Law, you can rest assured that you are in good hands. They will actively listen to your situation and provide a detailed roadmap on how to proceed. Perhaps more importantly, they will manage the entire process, from interviewing individuals and identifying expert witnesses (when necessary) to negotiating with the insurance companies and representing you in court. You can focus on mourning your loss and caring for your family – both critically important to your future well-being.

Contact Strong Law today at 206-210-1399 for your free consultation and to learn how they can help you through this incredibly difficult time. They have all the answers to the question “how do you prove wrongful death?”

If your loved one died due to someone’s negligence or intentional act, you may wonder who is entitled to wrongful death benefits. Immediate family members may be able to receive compensation through a wrongful death lawsuit. It won’t fully make up for your loss, but the recovery can help you move on with your life. These lawsuits can also hold the responsible party accountable for their actions.

The wrongful death attorneys at Strong Law understand the stress and pain you’re going through. You may have lost a family member without warning. Now there’s a huge gap in your life. We can help you get through this terrible time in your life. We treat our clients with compassion while relentlessly pursuing responsible parties.

What is a Wrongful Death Lawsuit?

Under Washington State law, this lawsuit can be filed when a death is caused by the “wrongful act, neglect, or default” of another. You would need to prove that the person causing the death negligently or intentionally harmed the victim.

After someone passes away, an estate is created through the local Superior Court. This is a legal entity created to handle the debts and assets of the deceased. A personal representative is named by the court to be responsible for the estate. One of the person’s jobs is to represent the estate in legal actions, including a wrongful death lawsuit. It’s this personal representative who files the wrongful death lawsuit, not family members.

The lawsuit can recover economic and non-economic damages, such as money spent on final expenses and the loss of income that would have been provided by the deceased. Family members can receive compensation for the loss of the relationship.

If the victim filed a personal injury lawsuit before their death against the party who caused their injuries, that legal action could continue after he or she passed away. This is known as a survival action.

Are Wrongful Death Cases Limited by the Cause of Death?

As long as a negligent or intentional act caused the death, there may be a basis for a wrongful death case. If the person was killed while on the job, there could be a workers’ compensation claim. If someone other than the employer was also at fault, there may be grounds for a wrongful death lawsuit against them.

Wrongful death cases include situations where the person’s death happens at the time of the accident or shortly after. They can also cover injuries that caused the victim to die prematurely, months or years after the accident or intentional act.

Wrongful death cases include:

• Vehicle accidents: The victim may have been hit by a car or truck. If the person died in a single-vehicle crash, the cause could be that another driver caused the deceased to swerve out of the way or off the road, leading to a deadly collision with an object. A defective part, negligent repair or shoddy maintenance also may have caused a crash.
• Pedestrian and Bicycle Accidents: Victims are often struck by motor vehicles or forced off the road, causing fatal injuries.
• Premises Liability Accidents: The victim could slip and fall or be struck by an object. There may be a cause of action against a property owner if they failed to take action to prevent crimes on the property and the deceased was a crime victim.
• Medical Malpractice: A medical professional’s negligence caused the person’s premature death. This could be due to a missed diagnosis, the wrong diagnosis, surgical or medication errors. Hospitals or medical practices could be defendants if they knew an employee was not treating patients properly but allowed it to continue. If it leads to a death, a pharmacy which provided the wrong medication or the wrong dose could be liable.
• Drowning or Boating Accidents: Unsupervised children may drown in a swimming pool. Someone piloting a boat negligently by going too fast, not following safety rules, or while intoxicated and causing a death might be sued.

Who Gets Wrongful Death Benefits?

State law limits who can benefit from a wrongful death claim. The deceased’s spouse, state-registered domestic partner, child, or stepchild can receive damages. If no such person is alive, then a parent or sibling would receive the proceeds of a settlement or verdict. Wrongful death benefits go to the same people who would benefit from a survival action. If you don’t have one of these relationships with the deceased, you won’t benefit from a case.

Wrongful Death Attorneys You Can Trust

No matter how or why your loved one died, you can benefit from the knowledge and experience of our wrongful death lawyers in Tacoma. After we’re retained, we will investigate what happened, gather critical evidence, and establish what caused your loved one’s death and who is responsible.

Our attorneys can make a critical difference during this difficult time in your life. We will deal with insurance companies and pursue litigation while you focus on getting your life back together. Strong Law will work hard to get you the compensation and closure you deserve.

Strong Law has offices in Tacoma, Portland and Salt Lake City. If you want to learn more about the law or move forward with your wrongful death case in Tacoma, don’t hesitate to contact the team at Strong Law. Our wrongful death lawyers can get you pointed in the right direction during your free consultation. Call 206-210-1399 today.

Those who suffer injuries in car crashes may be wondering, can you sue for pain and suffering after a car accident? Victims do have the ability to seek damages for pain and suffering related to the accident and their injuries, as well as for medical bills and lost wages.

Some of the items that can be part of a pain and suffering judgment include:

• Current physical pain related to the injury
• Ongoing pain from the injuries
• Mental anguish related to the accident
• Psychological trauma related to disfiguring or debilitating injuries
• A reduction in quality of life or expected lifespan
• Emotional setbacks related to the injury.

As long as the other driver caused the accident, your injuries relate directly to the car accident, and you are within Washington state law’s two-year statute of limitations for starting a claim, a pain and suffering judgment is possible.

How Much Do You Get for Pain and Suffering?

Calculating a potential pain and suffering damages amount can be a challenging process for you and your attorney. Pain and suffering award amounts are not clear cut. This differs from receiving awards for easily calculated costs, such as for medical bills.

So how much do you get for pain and suffering? It really depends on the severity of the injuries you suffered and on the lingering effects you may have from those injuries. Someone who is able to return to work after a couple of weeks of recuperation likely will not receive the same amount of compensation as someone who is facing permanent disability from the accident.

Those who recover quickly from their injuries may receive an award of a few thousand dollars. Those with significant injuries that result in a permanent change in the quality of life could receive several hundred thousand dollars or more.

Pain and Suffering from a Car Accident

When another driver hits your car and is found to be at fault for the crash, you will be able to seek damages. A pain and suffering from a car accident judgment is separate from compensation for things like medical bills or the repair or replacement costs for your car damaged in the crash.

Understand that a pain and suffering award will involve a few different considerations.

Physical Pain

When you have injuries like broken bones, severe cuts and bruises, and a concussion, you will have significant physical pain immediately after the crash. This pain may slow your physical recovery and limit the amount of time you can spend in physical therapy, while also limiting your ability to work at your job or to enjoy life.

Mental Anguish

Another component of a pain and suffering settlement will involve any mental trauma you are having. Some people may have nightmares or an inability to sleep after a serious car accident. This could lead to depression. It also could inhibit your ability to heal and recover from the physical injuries.

It is possible that the victim in a car accident may develop a fear of being in a car or may begin having panic attacks related to the crash. These emotional issues can greatly inhibit the victim’s quality of life.

Future Suffering

Additionally, the judgment amount should take into account the possibility of pain that lingers. If you suffered a severe back injury in the crash that a doctor estimates will cause you pain for at least the next 12 months, this should greatly increase your pain and suffering award.

A victim in a car crash who suffers a concussion or a traumatic brain injury may never recover fully.  For this type of debilitating injury, you and your attorney may request a far greater settlement amount than average.

How Is Pain and Suffering Calculated?

When you are wondering, can you sue for pain and suffering after a car accident for a certain amount of money, it may help to understand how insurance companies or juries try to calculate the amount to offer or award. No formula exists for calculating this payment. It is a subjective determination of how much money will fairly compensate you for the pain you have now and will have going forward.

Some of the ways your attorney may attempt to show that you deserve an amount for pain and suffering above what the insurance company is offering include:

• Doctor’s estimate of your level of pain from the accident
• Doctor’s projection of your level of pain into the future
• Types and strengths of medications required to manage your pain
• Psychiatric evaluation of any mental trauma the accident caused for you
• Length of recovery from your initial injuries
• Personal notes that describe your level of pain and mental trauma during the recovery phase
• List of limitations you have in your daily life
• Interviews with family members, friends, and coworkers about your physical and mental trauma.

Using a Multiplier Factor Based on Medical Bills

A jury sometimes will use a multiplier of three to come up with an award for pain and suffering. For example, if you have $25,000 in medical bills related to the accident, the jury may award three times that amount ($75,000) for a judgment related to pain and suffering.

However, there is no state law or insurance industry standard that forces insurers and victims to stick to a three-times multiplier number. Some victims in car accidents will receive a pain and suffering award that is less than the three-times multiplier. Others may receive more than three times the amount of medical bills.

Let Us Defend Your Right to Receive a Fair Settlement

As a trustworthy car accident lawyer, the team at Strong Law is ready to work as hard as we can on your behalf. We will help you understand the potential damages you could win in your personal injury claim.

We understand how difficult it is to deal with the aftermath of an injury car accident. We also understand your frustration when you did not do anything wrong, yet another driver’s mistake left you with injuries and in pain. We will take over many of the tasks of dealing with your personal injury claim, leaving you more time to heal. Please call our team at 2206-210-1399 for a free consultation.