Personal Injury Lawyer | How to Make a Pain and Suffering Claim
Personal Injury Lawyer . If you’ve been injured in a car accident, you know you may be able to get reimbursed for hospital and medical bills. But what if those injuries were severe enough to confine you to a hospital or your home for an extended amount of time? What if those injuries damaged your marriage or other relationships? And what if, even after medical treatment you’ll still suffer from soreness, aches, or discomfort?
Pain and suffering, legally speaking, is generally defined as mental or physical distress for which you can recover damages in a personal injury case, with the help of a personal injury lawyer. So how do you make a pain and suffering injury claim in a car accident case? How hurt do you have to be? And how do you prove it?
Making a Pain and Suffering Claim
The process of claiming pain and suffering after a car accident could depend on where you live. Not all states treat pain and suffering claims the same way: some states allow juries to assume some level of pain and suffering; some require more specific levels of proof; and some may put caps on how much a plaintiff can receive to compensate for pain and suffering. All of these factors will affect how you make your claim.
Your specific injuries may also affect a pain suffering claim. For instance, if you suffer from chronic migraines after a serious head injury, your claim may look different than someone who has anxiety attacks at large intersections after getting T-boned.
Pain and Suffering Injuries
Courts will generally consider several factors when determining pain and suffering liability:
The Type of Injury: Serious brain injuries, those that result in long-term debilitation, or those that cause constant pain are more likely to require compensation.
The Severity of the Pain Suffered: The level of pain at the time of the accident, and the extent to which pain or mental anguish continues afterwards can be considered.
The Prognosis for Future Pain: This factor can take into account the victim’s age as well as the degree of certainty with which the future pain and suffering can be diagnosed.
Proving Pain and Suffering
Providing legal proof of pain and suffering will depend largely on the exact nature of the injuries. Demonstrating limited mobility or physical functioning is different from proving anxiety or panic attacks. Medical records and doctors’ reports are a good start, but you may also need expert witnesses to testify regarding your condition.
A good personal injury lawyer will know how to make a compelling pain and suffering claim. If you’ve been injured in a car accident, you should contact an experienced personal injury lawyer to discuss your case. -findlaw.com
Since 1989, the personal injury lawyers of Clekis Law Firm have been representing injured people and their families in Charleston and throughout the Low Country. At the Clekis Law Firm our clients always come first. If you or a loved one has suffered a serious personal injury due to the negligence of another, don’t be victimized twice. You need someone on your side to help you with your personal injury case and obtain the fair and reasonable compensation that you deserve. Call Clekis at 843.779.1160!