Numerous elements must come together to properly assess pain and suffering in a personal injury case. Medical records, documentation of injuries, and testimony provided by witnesses will help determine what level of pain and suffering an individual has gone through due to an injury accident.
During their assessment, courts often take into consideration how severe the accident and the resulting injuries have been on the victim.
If you seek damages for this pain and suffering, you need to present proof that revolves around these points and a compelling argument detailing how the crash has affected your life. An Indianapolis personal injury lawyer can help you calculate an estimate of pain and suffering damages, but let’s look deeper into how these calculations are made.
Its Important to Calculate Pain and Suffering Damages Accurately
The impact an injury can have on your quality of life. You may experience lifestyle changes and be unable to attend work for an extended period of time. When you don’t ensure that the damages you seek are appropriate to compensate you for these losses, you risk the value of your settlement or award.
The impact of your injuries should be a major consideration when determining what would be fair compensation for pain and suffering. Additionally, specific measurements such as physical ailments like reduced range of motion might play a role in the determination process too.
This is why it is critical to work with a personal injury attorney. At our firm, our lawyers have the resources to perform a thorough calculation of your losses. We can work with healthcare planners, physicians, and economists to determine long term costs accurately so you do not risk taking an undervalued offer.
What About Compensation for Physical Pain?
People who are injured often have difficulty performing their daily activities due to their diminished state. Depending on the severity of the case, surgery or long-term treatments may be necessary to alleviate the symptoms of physical pain and suffering.
If left untreated, chronic conditions can develop, so it is important to seek medical help early on to address physical pain. Pain and suffering damages may consider
- The pain involved in the original injury
- The pain involved in the treatment of the injury
- The pain experienced during recovery
- The time it takes to fully recover
Physical pain and suffering is an inevitable result of any physical injury. It can vary in severity, ranging from mild discomfort to severe agony. Since pain is subjective, this is the most difficult part of the damages to estimate.
That is why it’s important to work with a personal injury lawyer. A lawyer can help estimate your damages based on the conclusions of previous similar claims, fight to increase the amount you recover based on precedent, and tell the story about how the injury has affected your life.
In most cases, the more severe or long-lasting the injury is, the greater the pain and suffering damages will be. For example, someone who was paralyzed in a motorcycle accident is likely to receive more compensation than someone who escaped with only a broken arm.
Emotional Trauma May Be Compensated
No matter the specific circumstances, emotional pain and suffering can be incredibly debilitating. Feelings such as sadness, despair, guilt, or shame can lead to a wide range of problems in the daily lives of the victims. Many injury victims may exhibit:
- Anxiety
- Withdrawal from friends and family
- Feeling overwhelmed by daily tasks
- Inability or unwillingness to attend work or school
- Insomnia
- Depression
- PTSD
Emotional pain and suffering is an invisible and often unrecognized form of distress that can have devastating consequences. It can be more severe than physical pain, yet much harder to articulate and quantify.
It can be helpful to seek counseling from a mental health professional to work through the issues and provide proof of the impact of the crash on your life.
What Proof do I Need to Obtain Pain and Suffering Damages?
It can be difficult to prove the amount of emotional trauma experienced. Pain and suffering in an injury claim is psychological by nature, requiring you to gather evidence to illustrate your experience. Fortunately, a skilled lawyer can help with identifying and obtaining evidence that may greatly enhance your case.
To prove the extent of your experience of pain and suffering, you can present the following:
- Medical records
- Medical history
- Insurance documentation
- Imaging and X-rays
- Medication costs
- Expert witness testimony
Your medical evidence can then be bolstered with testimony from a certified medical expert in assessing these types of injuries. This puts you one step closer to obtaining compensation that reflects the actual impact your injury had on you both mentally and physically.
Testimony from Family or Friends
In addition, testimonies from family or friends who have witnessed your pain or impairment as a result of your injury can also be valuable proof to make a case for legitimate damages associated with your injury, both short-term and long-term.
A lawyer’s expertise in combing through all the necessary documents will work together to ensure that all relevant evidence is gathered. Any settlements sought should fairly reflect the expenses brought on by the negligent acts that gave rise to your personal injury claim if all available evidence is used effectively.
Talk to a Personal Injury Law Firm to Learn How Pain and Suffering Will Be Calculated in Your Claim
Getting access to legal advice does not have to add financial burdens to your life. Contact us for a free consultation to learn more about how we can help you with your case. By simply requesting a free consultation, you can quickly determine whether or not you have a case that is worth pursuing.
Vaughan and Vaughan’s personal injury lawyers can review the details of your case and provide you with your options for pursuing compensation. Don’t put your claim at risk by attempting to calculate pain and suffering on your own. A lawyer with our firm will be happy to help you today. Contact us for your case evaluation.
