Am I entitled to general damages or pain and suffering if I was in a car accident?
A lot of people settle their personal injury cases without knowing exactly what the insurance company is offering them. Are they offering to pay for property damage, medical bills, rental car reimbursement, diminished value, wage loss, etc.? Is the insurance company offering you damages for your pain, suffering and loss of enjoyment of life caused by their policyholder’s negligence? Are they asking you to sign a settlement release, finalizing your claim?
If you were involved in a car accident because of someone’s else’s negligence you are entitled to receive compensation for your damages. “Damages” include a wide range of damages, but typically medical bills are considered “special damages” and if there is an injury you are entitled to receive pain and suffering or “general damages.” It is important to make sure you seek medical treatment if you are injured because the medical records generated by these appointments help document and support your claim for pain and suffering.
If you are injured as a result of an uninsured driver and have Uninsured Motorist coverage, you can also receive pain and suffering or general damages under this portion of your own insurance policy.