• Can I recover damages for pain and suffering resulting from my car accident?

To obtain damages for the pain and suffering you sustain in an auto accident, you must meet four requirements:

  1. You must establish that another driver was at least 50 percent at-fault for causing the crash.
  2. You must demonstrate you were injured in the accident, which you can do with medical records and other documentation. 
  3. You must prove your injuries resulted from the accident and not another cause.
  4. You must prove that you (or a loved one) “suffered death, serious impairment of body function, or permanent serious disfigurement.” 

This last element is considered a “threshold injury,” and without it, you cannot recover damages for pain and suffering.

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