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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:
- You must establish that another driver was at least 50 percent at-fault for causing the crash.
- You must demonstrate you were injured in the accident, which you can do with medical records and other documentation.
- You must prove your injuries resulted from the accident and not another cause.
- 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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Case Examples
Hospital Negligence – Rowden v. Henry Ford Jackson Hospital
Sommers Schwartz attorney Robert Sickels filed a lawsuit in Jackson County Circuit Court on behalf of a woman who died of hypothermia as a result ...
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Our attorneys have been featured on local and national media outlets, including: