Visitor Question

Having Nightmares After the Accident…

Submitted By: Eboni (IA)

I lost control of my vehicle on a gravel road and the accident caused my SUV to flip 3-4 times and we landed in a ditch. We were fine after the accident because everyone had on their seat beats.

However, my daughter is still having nightmares every day. How much should the settlement be for pain and suffering at this point? The accident happened about one month ago.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Eboni,

Pain and Suffering is a term used to sum up a medical case and to try and put a value on it. Typically this is directly related to your medical bills.

You mentioned that everyone was fine which is terrific! I can only assume then, that you did not incur extensive medical bills as a result of this accident. If that is the case, you will not have a dollar figure upon which to attach your claim for pain and suffering.

Therefore, you will need to draft (or have an attorney draft) a very skilled demand letter that articulates your daughter’s new anxiety related to the collision – calling to mind that they began post-accident and that they are very disturbing for her.

By doing so, you may be able to invoke emotion where medical bills are lacking, and derive a pain and suffering figure here.

In addition, I would have your daughter evaluated by a medical professional to determine how to address her nightmares as well as to get a sense of how long her post traumatic stress might last. Without this information, it will be difficult for anyone to put a dollar figure on her pain and suffering.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 9, 2010

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