When it comes to personal injuries and claims, it can often be tricky to understand what to expect. Getting paid for damages is a complicated process that involves many factors. However, one of the trickiest claims of them all is a pain and suffering settlement.
This is because each individual can experience pain and suffering differently, making it difficult to establish an appropriate monetary value. In the case of you being injured due to someone else’s negligence, you would have the option of asking for compensation from an insurance company.
After filing a formal claim, you will have to provide evidence that makes the person liable for your injuries. If you can do this, you will be compensated for any lost wages and medical expenses. In most situations, the insurance company will also compensate for pain and suffering.
Here is how to get started seeking compensation and how it’s calculated:
Defining Pain & Suffering Damages
The legal term “pain and suffering” refers to a wide range of injuries that can be suffered by a plaintiff. These injuries aren’t immediately noticeable after the incident, but they’re a direct result of the whole event.
Pain and suffering include physical pain that consists of all physical injuries, their detrimental effects, discomfort, and pain.
In addition to these physical injuries, pain and suffering also include mental & emotional injuries like stress, worry, grief, insomnia, lack of confidence, and so on. Mental pain and suffering can also have long-term consequences that plaintiffs sometimes have to deal with for the rest of their lives.
In most cases, the person that suffered injuries can recover a certain amount for pain & suffering damages. The sum is not always high and can often be unpredictable. In general, pain and suffering settlements are multiplied with medical bills by 1 to 5, depending on the lawyer and case.
Pain & Suffering Examples
To make it easier to understand, let’s look at some typical examples of pain and suffering. For instance, if someone has been in a car accident and gotten a concussion along with broken bones, this is considered a severe accident. The result of these injuries can lead to difficulty sleeping, appetite loss, anger, depression, and so on.
In this kind of situation, the plaintiff is directed to a therapist and psychologist who then concludes that the mental issues are of significance and directly related to the accident. This is when the victim needs to make a claim for pain & suffering to get the compensation they rightfully deserve.
Mental health is not something that should be taken lightly. While it might not be as obvious as physical health, it can lead to various difficulties and reduce overall quality of life.
Making A Pain & Suffering Claim Without a Lawyer
Proving a pain and suffering claim without a lawyer can be challenging. After all, adjusters (insurance agents) want to make the most minimal payment possible and will look for every possible way to get around fulfilling the claim.
This is especially true if the plaintiff doesn’t have a lawyer present.
An adjuster can be convincing, especially when it comes to mental consequences, and they usually try and discredit your claims. At the same time, adjusters often refuse to make the necessary compensation when a claim includes:
- Shared Liability – They will often try to make the victim equally responsible for their injuries and shift the blame on them. If they notice a small mistake on the victim’s part, they will try and discredit them completely.
- Small Medical Bills – In most cases, adjusters will try and dismiss emotional distress if the physical injuries weren’t severe and there aren’t any expensive medical bills.
- History of injuries – If the victim had injuries in the past, adjusters will often try and argue that the pain & suffering was caused by those injuries that happened before the accident.
- Injuries Caused in Low-Risk Situations – Various injuries can be difficult to verify and adjusters like this gray zone to try and push away all of the claims.
Making a Claim with a Pain & Suffering Lawyer
Having a personal claim lawyer will help you with all of the things mentioned above. They know the strategies that adjusters attempt to use and can help victims prove their pain & suffering. With an experienced personal injury lawyer, you will be able to build an objective testimony.
A lawyer can give you an advantage and help you with situations you did not expect. They’ll help you with all the technical details and build your case.
Proving your claim isn’t only about showing what you are missing. It’s also about giving evidence to support the claim. A lawyer will help gather photographs, doctor statements, medical charts, journals, and events that can be relevant to show how the injuries have negatively affected the victim’s quality of life. Overall, they will potentially help you receive a higher settlement than you might otherwise receive without a pain and suffering lawyer.
Never make a personal claim without your lawyer. At Vasilatos Injury Law, we always urge people to talk to us first before moving forward with a claim.
Even if you choose not to hire our services, we can help you assess your situation and understand your options. If you’re considering seeking out pain and suffering damages, reach out to Vasilatos Injury Law today!
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