It is possible to seek compensation for pain and suffering that a personal injury, stemming from another person’s negligence causes you. The amount in compensation and damages depends on the nature of the accident and the specific circumstances surrounding the case. The damages include compensation for the distress the injury has caused and the suffering that you would not have needed to go through if the incident hadn’t happened.
Proving pain and suffering
You need to prove that the personal injury caused you pain and suffering when claiming damages. Getting compensation for lost wages and medical bills can be easy. However, pain and suffering may be difficult to quantify and translate into financial terms. That makes it necessary to have solid evidence and documentation to substantiate your distress. Here are some ways to prove pain and suffering:
- Keep a record of the visits that you have made to the doctor. Include visits to your therapists.
- Have records of notes from your mental health doctor to showcase the severity of your distress. They should also indicate the projected mental and emotional impact of the injury.
- Find a third party or medical witness to support the notes and evidence that you have suffered mental trauma.
- Make a list of all the medications you have used since the accident. Include those that you expect to use in perpetuity. Do not leave out the medication you will need to use for your mental anguish.
- Provide records and documentation detailing the permanent effects the injury has on your life. Indicate any life-threatening conditions that have stemmed from the injury.
- Issue a journal with a record of the daily struggles and emotional turmoil you have had to endure because of the accident. The journal will shed some light on the implications the accident has had. It will highlight how the injury has impacted your ability to perform daily tasks.
- Have your friends testify to the pain and suffering they have witnessed you go through after the accidents. They can also highlight the impacts the accident has had on your daily life.
With the documentation and witness statements accounting for your struggles, it becomes easier to convince the jury or insurance company that the injury impacted significant parts of your life. They will understand better your painful journey that resulted from someone’s negligence. Also, having an experienced lakeland car accident lawyer representing you makes it easier to prove your pain and suffering. A skilled personal injury lawyer will help you navigate complex legal issues. Check out this personal injury lawyer as you look for legal help. Find an attorney who will help you understand all the documentation you will need to corroborate your claim. Also, they can ensure that you get the most appropriate compensation since they have your best interest in mind.
After successfully proving your distress, the next step would be calculating your pain and suffering damages. Numerous factors impact the amount you will be awarded for the pain and suffering. Here are some factors that the juries and insurance companies consider:
- The seriousness of your injuries
- The direct impact the injuries have on your daily life
- Eventual prognosis of the injury
- The time it will take for you to get back to normal
- The enormity of the negligent behavior by the perpetrator
- The general physical and mental anguish that people in such a situation face
- The treatments you received and those that you will continue to receive
That said, damage calculations go on a case-to-case basis. Every personal injury case is different and unique. Generally, two methods are used to calculate compensation for pain and suffering in personal injury cases. Let us look at them
In this method, the economic cost of the case for personal injuries is multiplied by a number between 1.5 and 5. The actual number that will multiply the economic cost of the case depends on the gravity and nature of the injuries and accidents.
Per Diem Method
Here, every day that the victim suffered distress due to the injuries is assigned a monetary figure. The method calculates every day from the day of the accident to when the victim will be at their best. This is also known as maximum medical improvement. It is stipulated under the Workers Comp law.
Life after a severe personal injury is never easy. However, getting compensation makes things a little more bearable. It helps to know the procedures you need to follow when claiming damages for the pain and suffering you have had to deal with after an injury.