Some health conditions are the results of an accident on the road. It is quite challenging to access as specific physical limitations or injuries.
But the fear and psychological stress associated with an accident can also have consequences for the injured party and therefore justify compensation for pain and suffering. If, for example, another occupant of the car dies as a result of the accident, this experience can lead to long-term psychological suffering.
In the event of a mental impairment as a result of the accident, the injured party must pay compensation against the pain and suffering. However, the amount of the compensation for pain and suffering cannot be measured as precisely as is the case with specific physical suffering. Mental disorders or illnesses must be confirmed by a specialist.
If you are affected by mental illness as a result of an accident and would like to claim compensation for pain and suffering, it is advisable to consult a personal injury lawyer. He knows best how much your claims should be settled and ensures that all the necessary evidence is presented to guarantee a successful claim for your compensation through competent legal representation.
Compensation for pain and suffering: Victims are well advised to consult a lawyer!
If you are the injured party and want to claim compensation for a traffic accident in which you were injured, competent legal advice is highly recommended. Only a lawyer has comprehensive access to the files and is experienced in the procedures. The determination of the amount and the effective enforcement of the claims often leave private individuals without legal expertise at a loss.
In the worst case, this can mean that your claims are not granted and you get nothing. With competent legal advice, you can be sure that your right to compensation for pain and suffering will be enforced.
For an initial discussion of your case, you are also welcome to use Kirshbaum’s free initial telephone assessment. Call our hotline: (952) 545-2700, and one of our traffic law attorneys will discuss your case with you over the phone.
In a nutshell
When can I claim compensation for pain and suffering?
Basically, if your health is impaired, you have a comprehensive right to compensation for pain and suffering.
How much compensation can I claim?
The determination of the amount of the compensation for pain and suffering is always based on the individual case. So, there is no irrefutable table for pain and suffering. Nevertheless, some tables have meanwhile established themselves as standard works.
Do I need an attorney with the claim?
Only a lawyer has comprehensive access to the files and is experienced in the procedures. The determination of the amount and the effective enforcement of the claims often leave private individuals without legal expertise at a loss and get nothing.
Stories and Examples
Man confuses traffic control with racing prompts
The offense of an illegal motor vehicle race also includes spontaneous acceleration due to a civil patrol car chase, as the Minnesota recently decided. So, this “hunt” to carry out a traffic check cannot be seen as provocation.
Many drivers are aware that fast journeys can cost a lot of money. At least one man should now have realized that some even constitute a crime. In its case, the district court Minnesota decided that abrupt acceleration also falls under the criminal offense of prohibited motor vehicle racing.
Civil officers observed the car driver during a so-called cavalier start, i.e., a very fast and conspicuous start at a traffic light. The police officers then decided to subject the speeder to a traffic check and began an overtaking maneuver. However, the man interpreted this as an invitation to race and accelerated his BMW to at least 117 km/h. His goal: to reach a high speed. In fact, he more than doubled the speed limit permitted there.
The district court Minnesota considered this not only inappropriate, but also grossly illegal. Accordingly, the facts of the forbidden motor vehicle race according to § 315.d are due according to the conditions. The judges rejected a possible provocation by accelerating the civilian officials. Her actions were neither materially unlawful, nor did the police officers want to induce the man to act with her behavior. After all, they just wanted to get the speeder to stop. Apart from the correct work of the officers, the man should not have been provoked by them.
The driver was sentenced to a fine for these reasons, but the verdict is not yet final.
Compensation for Audi customers despite “certified right of return”
Things are looking good for Audi customers in the diesel scandal. After the consumer-friendly judgment of November 25th, 2021, the Federal Court of Justice now decided. Even if customers had a contractual right to return the car, they can still claim damages.
The Federal Court of Justice has decided that an Audi customer can also claim damages for a manipulated engine. The condition is only if they have concluded a loan agreement with a return option. They should also have not made use of this option (ruling of December 16, 2021, file no. VII ZR 389/21).
That’s what the case was about
He bought the vehicle – an Audi A6 Avant 3.0 TDI (Euro 6) with a diesel engine from the EA 897 series – in February 2017 as a used car for $ 46,800. A loan from AUDI Bank financed the purchase price. The loan agreement guaranteed a right of return for the borrower and the buyer. This means that he could have transferred the vehicle back to the seller at the time the final installment was due in early 2021 at a purchase price that had already been determined. But he didn’t do that.
The Federal Motor Transport Authority (KBA) recalled the vehicle in 2018 due to an illegal defeat device or the illegal reduction in the effectiveness of the emission control system. The car owner had the software update approved by the KBA installed on his vehicle in January 2019.
Nevertheless, the man filed a lawsuit against the manufacturer Audi for damages for intentional immoral damage. He demanded reimbursement of the purchase price and the financing costs less a usage fee. In return, he wanted to return the vehicle to Andi. He was unsuccessful in the lower courts (District Court, November 27, 2019, Az. 2 O 40/19; Higher Regional Court, March 31, 2021, Az. 7 U 27/20).
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