Does Lyft Pay More for Pain and Suffering if the Car was Badly Damaged?
There are many types of compensation that could be available to you after a collision with a Lyft driver. Generally speaking, you could be entitled to compensation for any physical, mental, or financial losses resulting from the crash. One of the types of damages that is most difficult to evaluate is the pain and suffering you endured due to the accident.
While pain and suffering compensation is available, the concept is highly subjective and varies from one person to another. While there is no simple way to establish to a jury the degree of your physical suffering, there are certain pieces of evidence that could serve as indicators that the crash you were involved in was serious. One common indicator of significant pain and suffering could be severe vehicle damage.
There is no guarantee that significant vehicle damage will result in a higher claim for compensation. That said, juries often put tremendous weight on this evidence which could lead to a higher judgment amount. A Los Angeles Lyft attorney could help you demonstrate to a jury that the pain and suffering you experienced was significant.
How serious vehicle damage could impact a claim
Under California law, there is no requirement that insurance companies agree to a higher settlement amount for pain and suffering damages when the plaintiff’s vehicle was severely damaged. That said, settlement offers are typically higher when the damage to a vehicle is extreme.
Lyft and their insurer know that evidence of a severely damaged vehicle could convince the jury that the injuries in an accident were severe. In many cases, this could result in higher damages compared to comparable injuries that did not involve extensive vehicle damage.
The photos of a car with extensive vehicle damage could be powerful evidence at trial. Knowing how this damage could increase the award from a jury, many insurance companies will increase their settlement offers in these cases.
Defendant’s efforts to exclude photos of the vehicle at trial
In some cases, a defense attorney could attempt to limit or exclude the use of photos of the damaged vehicle at trial. They could argue that the image of a mangled car is so prejudicial that it outweighs the value of the image as evidence. In many cases, these insurance companies will attempt to settle the property damage claim separate from the injury case. With the vehicle damage portion of the case resolved, the attorney could argue the amount of damage to the plaintiff’s car is not relevant.
Often, these efforts are fruitless. That does not mean that the attempts to use this tactic by the defense should not be taken seriously. If the court agrees to limit the use of photographic or video evidence of the severity of the collision, it could hamper your ability to recover the pain and suffering damages you are entitled to.
Let Ellis Injury Law help
Evidence of severe vehicle damage is only one method for establishing pain and suffering compensation. The experienced attorneys with Ellis Injury Law could make use of their extensive experience handling injury claims to get the most out of your potential recovery.
In addition to evidence of significant vehicle damage, our team could also highlight the severity of your injuries using your medical records. Juries typically understand that the more severe an injury is, the more extensive the pain can be.
There are other factors that could be a sign that an injury was severe. For example, taking an ambulance to the hospital after an accident is another sign of a serious injury. We could also help you with telling the jury in your own words how your injuries have impacted your life. If your pain has been so severe that it limits your quality of life, your testimony could be compelling to the jury. To discuss in detail how we can help you with your pain and suffering claim, schedule a free consultation with Ellis Injury Law right away.