Property damage after a car accident is easy to quantify. However, the difficulty lies in calculating damages that one can’t see—for example, the lingering physical injuries and mental anguish you live with after a traumatic event. Clients often ask us, How much do you get for pain and suffering in a car accident? After enduring a challenging event like a car accident, worrying about recovering a fair amount for your injuries may feel an overwhelming task. Although you can make a pain and suffering claim without a lawyer, you stand to recover much more with an experienced advocate at your side. Consult with a personal injury attorney in Ohio to help you evaluate your rights and defend your interests. What Are Pain and Suffering Damages? In Ohio, pain and suffering damages are considered noneconomic damages. It’s difficult to quantify pain and suffering damages, as they typically refer to intangible injuries associated with an accident. These types of damages vary from person to person and do not have a specific monetary value assigned to them. Examples of pain and suffering include the following: Mental distress, Loss of consortium, Loss of enjoyment of life, and Disfigurement. Pain and suffering damages include not just present damages but also future damages. Recovery of future pain and suffering damages is possible if you can prove that your condition will last beyond the present. Retaining a personal injury attorney helps you provide a more accurate picture of your pain and suffering to the at-fault party and the insurance company. Proving a Pain and Suffering Claim Without a Lawyer Proving a pain and suffering claim without a lawyer is problematic. A lawyer can help you gather and present the following important evidence to support your claim: Medical expert opinion on your mental health condition; Medical specialist opinion on your physical condition following your injuries; Medical specialist opinion on the pain and suffering you have experienced and can be expected to experience; Documentation of past and present prescription medication; Your own testimony as to your condition and pain and suffering, and The testimony of friends and family with first-hand knowledge of your pain and suffering. Valuation of pain and suffering is largely discretionary. Therefore, it’s essential to provide as much evidence as possible to support your claim and solidify your chances for a favorable recovery. How Much Do You Get for Pain and Suffering in a Car Accident? Insurance adjusters and juries typically use one of two methods to calculate pain and suffering damages. Careful compilation of supporting evidence supports a more substantial recovery for pain and suffering damages. Multiplier Method The multiplier method values pain and suffering by multiplying the value of your economic damages by a number, usually between 1 and 5. For example, if you suffered $10,000 in medical bills and $12,000 in lost wages and you apply a multiplier of 5, your pain and suffering damages would amount to $110,000. Daily Rate Method The daily rate method assigns a daily value to your pain and suffering. You would then multiply that rate by the number of days you experienced pain and suffering. What Factors Impact Your Pain and Suffering Settlement Amount? Although difficult to quantify, multiple factors impact your settlement amount, including: The injuries you suffered and their severity; The disruption the injuries caused to your daily life; The degree of treatment required and outlook for recovery; The degree of certainty that the defendant is liable for causing the injuries; and The extent of your emotional and mental suffering. Consulting with a personal injury attorney ensures careful analysis and monitoring of your pain and suffering injuries. The more support provided to sustain your pain and suffering damage claim, the better the likely outcome. Will I Have to Go to Court? A personal injury attorney may obtain a favorable settlement to sufficiently compensate you for your pain and suffering damages in many situations. However, in situations where settling is not possible, the case may go to court. Any victim of a car accident seeking pain and suffering damages wants a qualified personal injury attorney on their side to defend their rights and represent their interests. Aaron Bensinger of Bensinger Law handles all conversations with insurance companies and the at-fault party’s attorney. Bensinger Law won’t hesitate to take your case to court if unable to reach a favorable settlement. Should You Use an Attorney? How much you get for pain and suffering in a car accident may depend, at least in part, on the type of representation you have. A personal injury attorney like Aaron Bensinger of Bensinger Law can develop sufficient testimony and evidence to strengthen your case for pain and suffering damages. Additionally, Bensinger Law aggressively and diligently negotiates with insurance companies to ensure you don’t receive a less-than-favorable settlement for your injuries. With Bensinger Law, you never pay up front. You pay only when you receive a settlement or verdict for your case. We are here to answer any questions. Please contact our office today for a free case review.Keep Reading
Driven to Win.
Ohio Lawyer Specializing in Personal Injury and Civil Litigation
Aaron has extensive experience navigating personal injury and civil litgation in Ohio and California. Now based in Lima, Ohio, Aaron is dedicated to providing his clients with the best legal service possible.
He takes the fight to insurance companies, and won’t hesitate to take your case to trial. Aaron focuses on ensuring that each of his clients obtains the compensation he knows they deserve, despite the claims of insurance companies. As a personal injury lawyer, Aaron understands how devastating a serious injury can be. He and his team want to help you get your life back. His attention to detail is why some of the regions largest companies have chosen Aaron when faced with litigation. Aaron and his team are also staffed to handle litigation of any size including Federal cases, Ohio state cases, California state cases, and administrative actions.
In addition to personal injury, Aaron handles a variety of civil litigation cases. His diverse background helps him achieve the best results in all areas of law.
Let us Worry About Your Case, You Focus on Healing.
Meet Ohio Personal Injury Lawyer
Aaron L. Bensinger
When you work with Aaron, you’ll know right away that you’re more than “just another case.” Though Aaron has extensive experience working in large markets like California, he focuses on giving each client the attention they deserve.
Currently, Aaron is licensed to practice in both Ohio and California, but Ohio is home, and he loves helping people in Lima and beyond. Super Lawyers recognized Aaron as a “Rising Star” in 2014 and 2015.
“I have had an outstanding experience with Aaron Bensinger and his team. From day one they made me feel welcomed and taken care of! Frequent updates are the norm when you work with Aaron Bensinger. In addition, he really went the extra mile to make sure I was highly compensated for my injuries. Needless to say, I was satisfied with the outcome. I had a great experience and would come back with any other of my legal needs. He is the man!!”- Angela Hahn
"I highly recommend Aaron. He went above and beyond to help me out. He was extremely professional. My case was very overwhelming and he did a great job getting everything sorted out and taken care of."- Jordan Dunlap
"Aaron did a wonderful job on my Personal Injury case! He worked hard on my case, kept me informed throughout the process and obtained a great result! He is accessible and made me feel like he never stopped thinking about my case. I would recommend him to anyone."- Stephanie Huston
Recent Blog Posts
Anyone involved in a car accident resulting in an injury or substantial damage understands the event’s traumatizing effects. If deemed to be at fault for your accident, your responsibility for the accident limits the amount you may recover. Hiring an attorney to negotiate your recovery can ensure you receive just compensation for your losses, regardless of whether you may be partially at fault. Ohio Comparative Negligence Overview Before 1980, if you were found to be at fault in any way during a car accident, that fact prevented you from recovering compensation. For example, if you had a broken tail light and a speeding driver rear-ended you, the broken tail light would have barred you from recovery, even though the speeding driver was mostly at fault. The Ohio legislature realized the at-fault laws in place were inherently unfair. The enactment of legislation recognizing the theory of comparative negligence addressed this unfairness. Ohio comparative negligence laws provide that the injured party in an accident receives compensation based on the amount of fault they contributed to their accident compared to the other party’s amount of responsibility. Therefore, the law awards damage based on the proportion of fault. However, if you are deemed to be more than 50% at fault for your accident, you are barred from recovering. Liability and Damages Comparative negligence operates in a manner that allows you, as the injured party, to recover your total damages less the proportion you were responsible for the accident. For instance, in the example above, if your broken tail light meant you were 30% responsible for the accident, the speeding driver is responsible for 70% of the accident. Therefore, if your damages amounted to $200,000, you could recover 70% of those total damages from the speeding driver, or $140,000. Proving Negligence To recover in any accident, you must first prove negligence. Proving negligence requires showing the following elements: The alleged at-fault driver owed you a duty of care; The alleged at-fault driver acted negligently; and The alleged at-fault driver’s actions caused your injuries. As the party seeking to recover compensation, you possess the burden of proof in the lawsuit. This means you must prove your case. Common examples of negligent actions that lead to car accidents include: Operating a vehicle while under the influence of alcohol or drugs; Distracted driving, i.e., driving while texting or emailing; Violating a traffic law like speeding or running a red light; and Driver fatigue. All Ohio drivers have a legal duty to operate vehicles with a reasonable standard of care. Failure to do so may result in a lawsuit for negligence. Comparative Negligence and Insurance Companies There is no one method for calculating fault in comparative negligence cases. Typically, an insurance claims adjuster initially assigns the degrees of responsibility in an accident. An insurance company may use comparative negligence as a defense to save money and shift more blame onto the victim. This shift may result in a smaller recovery for injured parties. Due to this, it’s essential to contact a personal injury attorney promptly to negotiate with an insurance company in the event this occurs. Retaining an attorney aids in reaching an agreement with the insurance company based on the proper degree of comparative fault. How a Lawyer Can Help Consult with a qualified personal injury attorney to discuss your accident. At Bensinger Law, attorney Aaron Bensinger works to defend your rights to obtain the best result for you. With attorney Aaron Bensinger, you pay nothing up front. You pay only when you receive a settlement or verdict in your case. If hurt in a car accident and you were partly to blame, don’t assume this fact prevents you from recovering compensation for your injuries. Underpayment to unrepresented plaintiffs in comparative negligence cases may occur. Therefore, consulting with Bensinger Law to negotiate diligently with insurance companies on your behalf can help you get the best possible result. Contact our office today for a free case review!Keep Reading
When one thinks of distracted driving, most people think of people on their phones, texting or engaging in conversation. According to the National Highway Traffic Safety Administration (NHTSA), an estimated 600,000 people drive their cars nationwide while using a cell phone. If you’ve been hurt by a driver that was texting and driving, contacting an attorney with knowledge of Ohio texting and driving laws. Ohio Distracted Driving Laws In Ohio, individuals under the age of 18 are prohibited from using cell phones while driving. Additionally, Ohio driving laws prohibit minors with temporary permits or probationary driver licenses from using any wireless electronic device, including mobile phones, tablets, or laptops. Offenses by those under the age of 18 result in severe consequences. Those caught as distracted drivers face up to a 60-day suspension of their license. Additionally, first offenders are charged a fine of $150. Second offenses result in a $300 fine and a year-long suspension of your license. Ohio distracted driving law is slightly less restrictive for drivers over the age of 18. Texting or emailing on the phone is still prohibited; however, Ohio distracted driving law permits drivers over 18 to talk on the phone while driving. Banning texting and emailing under Ohio texting and driving laws is intended to prevent distracted driving. Texting and emailing while driving requires drivers to look away from the road. Even looking away from the road for a second may result in catastrophic consequences. A texting violation may result in a reckless driving conviction. Someone held responsible for a death resulting from distracted driving may be charged with manslaughter. Who Is Responsible in the Event of an Accident? If a distracted driver caused your car accident, Ohio distracted driving law allows you to recover compensation for your damages. However, to prevail, you must prove that the driver was negligent in causing your accident. Compensation recovered in distracted driving accidents includes pain and suffering, medical care, lost wages, and property damage. Information that strengthens your case for distracted driving consists of the following: Police reports, Eyewitness testimony and reports, Recorded evidence from camera footage, and Information provided by expert accident reconstructionists. You have a right to recover for the losses you suffered as a result of someone driving in violation of Ohio texting laws. What Should You Do If You Were Hit by a Driver Who Was Texting and Driving? If hit by a driver that you believe was texting and driving, it’s essential to do the following. Call 911 It’s important to get any injuries checked out right away. Even if no one is injured, police responding to the scene write a report documenting the accident. This can be important to your later accident claim. Collect Information Attempt to collect as much information as you can at the scene of the accident. Be sure to write down all the information of the driver that hit you, including their name, insurance information, driver license number, and telephone number. You may also wish to take down the statements of any eyewitnesses at the scene of the accident. Take Photos Be sure to take photos of the accident as it occurred. These photos may be necessary if an accident reconstructionist needs to recreate the scene of the accident. Contact a Lawyer Contact a personal injury lawyer with knowledge of Ohio texting laws to protect and defend your rights. It may be challenging to think clearly after an accident, and even more difficult if you suffer an injury. However, following these steps may protect you in future lawsuits. We’re Here to Answer Your Questions If you’ve been involved in a car accident and believe the driver was texting and driving, contact attorney Aaron Bensinger to discuss your case. Recognized as a Rising Star by Super Lawyers in both 2014 and 2015, Aaron has dedicated his career to representing victims of negligence. The attorneys at Bensinger Law possess in-depth knowledge of Ohio texting and driving laws and work to defend personal injury victims’ rights. If you are involved in an accident with a distracted driver, contact Aaron Bensinger of Bensinger Law today to begin building your case and laying the foundation for your recovery.Keep Reading