Evidence For Pain And Suffering
Your TestimonyAn essential piece of evidence proving the extent of your pain and suffering will be your testimony. You will be asked to describe the impact the injury has on your life, including the physical pain and emotional distress you are suffering.
Statements from Family Members and FriendsStatements from your closest family members and friends can give the jury an understanding of the personal injury on your physical and emotional well-being. Friends and family can offer an insight into how your life and personality may have changed after you suffered the injury.
Medical Records and Physicians StatementsMedical records can be crucial for proving your non-economic damages such as pain and suffering. Such records frequently include notes on how the patient is feeling or provide a space for the patient to rate their pain on a scale of one to ten. Prescription records stating the amount of pain relief required can help prove physical pain. Physicians statements can also provide useful evidence.
Psychological Evaluations Evaluations and reports from psychologists, psychiatrists, or other mental health professionals can be essential to support a claim for pain and suffering.
There is some truth to the phrase that a photograph is worth a thousand words. Photos of your injury after an accident and during recovery can show a jury the extent of suffering and pain you experienced.
Physical Injuries Are Easy To Identify
But what are some examples of pain and suffering?
Its easy to expect physical injuries after a car or motorcycle accidentbroken limbs, concussions, punctured lungs, or even traumatic brain injury. But pain and suffering? Thats a little harder to identify.
If youve found yourself in the middle of a personal injury case, you might be wondering if youre eligible for pain and suffering damages. In this article, well break down some examples of pain and suffering and address the way these claims have a legitimate cause for legal action.
How Compensation For Pain And Suffering Is Calculated
It’s difficult to calculate how much a pain and suffering claim could potentially be worth because no two accidents or injuries are the sameand they can affect each person differently.
The amount of money a person is able to recover for pain and suffering is most dependent on the evidence presented during your case, like testimony from medical experts, copies of medical bills, etc. When a judge or jury evaluates your case, they will consider that evidence along with information such as:
- The type of injury you suffered
- And how your injury affects your lifeincluding how it has impacted your ability to socialize, enjoy hobbies, and complete household chores and other everyday activities.
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Contact A Connecticut Personal Injury Attorney Today
You cannot count on insurance companies to calculate pain and suffering in order to compensate you fairly when you are injured by someones negligence. This is especially true of pain and suffering damages, which are frequently undervalued or not considered at all in insurance settlements.
The Flood Law Firm is committed to pursuing maximum compensation on your behalf. If you have been injured through no fault of your own or lost a loved one due to the carelessness of another, we collect the evidence, identify the liable parties, and pursue a favorable outcome through settlement negotiations and by going to court. Our results speak for themselves.
For a free consultation, please call The Flood Law Firm at today. Our Connecticut personal injury attorneys serve clients statewide from offices in Middletown, Danbury, Bridgeport, and Waterbury.
Calculating Pain And Suffering Damages Is An Inexact Science
There are certain types of damages available in personal injury claims that are simple to calculate. Known as economic damages, this form of compensation can be measured down to the exact dollar you deserve to recover. The most common example of economic damages is the medical bills accrued for your medical treatment.
Proving the amount of your economic damages requires documentary evidence. You could use anything from medical bills and medical records to pay slips that show lost wages to auto repair estimates to show the jury what it would take to make you financially whole.
Damages for pain and suffering, on the other hand, are not so easily quantified. There isnt a universal pain and suffering calculator. This type of compensation falls into a category known as non-economic damages. These damages are not designed to replace your financial losses stemming from an injury. Instead, they are designed to provide compensation for the subjective hardships that can result from a car accident. There is no one-size-fits-all answer to how much this type of damage is worth, as it can vary greatly from case to case.
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What Is Pain And Suffering
If you’ve been seriously injured in an accident, you know all too well that “pain and suffering” is part of the aftermath. In fact, a key element of most personal injury cases is “pain and suffering”.
Injury victims often wonder, “Can I sue for pain and suffering?” Unfortunately, determining whether you are eligible for this type of legal compensationand figuring out how much you can sue for “pain and suffering’ is complicated.
That’s because compensation for pain and suffering is more than money for physical ailmentsit also entails mental and emotional pain.
Pain can be divided into two categories: physical pain and emotional pain. In Pennsylvania, an accident victim may be compensated for the pain and suffering they have already endured, as well as the pain and suffering they may experience in the future.
Pain And Suffering In Pennsylvania
When you are injured in an accident, the harm you experience can run much deeper than your medical bills. There is the pain of going through an accident, the pain of your injuries, the pain and stress that can be involved in treatment of your injuries, and the impacts your injuries can have on your life. Perhaps you have had to give up certain things that used to bring you so much joy. Maybe some of your relationships have suffered as a result of your accident injuries. These are things that are included in pain and suffering damages. Other damages that fall under the pain and suffering umbrella include:
- Pain in the body
- Loss of enjoyment of life
Just as with economic damages, for pain and suffering and other non-economic damages to be awarded the injury victim must be able to show that the pain and suffering was a direct result of the accident.
Though you may be able to pursue pain and suffering damages in Pennsylvania, you should be aware of potential limitations, such as recovery in your case. For a policyholder who has elected to carry limited tort coverage, he or she will need to show serious injury under Pennsylvania law in order to recover pain and suffering damages. Furthermore, while Pennsylvania may not limit the amount of compensatory damages available in a personal injury case against a private party, there are limits in place when the claim is against a government body. For instance, a claim against the Commonwealth is limited to a recovery of $250,000.
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A Personal Injury Attorney Can Help
Putting a dollar amount on your pain and suffering, while challenging, is crucial for recovering what you deserve. However, pain and suffering can be highly subjective, with variations between individuals with similar injuries. Therefore, calculating your own damages can be tricky. Our seasoned personal injury attorneys can calculate your personal injury damages, ensure you are not leaving money on the table, and fight for what you deserve.
How To Calculate Your Pain And Suffering
There are many ways an insurance company or a credible legal agency can help you determine the value of your general damages in a small claims lawsuit:
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Pain And Suffering Claims
The Goldfinger Guide list pain and suffering claims near the end, because it is so difficult to sue for pain and suffering in Ontario given the present state of the law.
Pain and suffering claims are referred to as “tort” claims at law. Get used to the term.
Tort claims are meant to compensate you for your pain and suffering , past and future loss of income, loss of competitive advantage in the workplace, future care costs not covered by accident benefits, loss of enjoyment of life, special damages like your out-of-pocket expenses, aggravated damages, punitive damages, and any other damages which you sustained as a result of your car accident.
What Kinds Of Things Does Pain And Suffering Include
- Past and Future Pain and Suffering This includes any past and future physical pain, mental anguish, discomfort, inconvenience, and stress.
- Embarrassment and Humiliation This covers anything caused by the accident that could leave the victim feeling ashamed of their injuries, such as burns, paralysis, and amputation.
- Loss of Enjoyment of Life This compensation is for victims who have lost enjoyment of the pleasures of life due to the accident.
- Disfigurement This represents any scars or permanent damage caused by an accident or the surgery necessary to treat the car accident injuries.
- Loss of Consortium The spouse of an injured victim can receive money for what is known as Loss of Consortium, which means that they’ve lost companionship and the ability to be close to their husband or wife.
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Pain And Suffering For Non
Although pain and suffering damages may be awarded for mental anguish, they are typically reserved for mental or emotional pain caused by a physical injury. So if you suffered only emotional damages — such as fear, anxiety, or shame — then pain and suffering damages may not be awarded unless the defendant’s conduct was extreme and outrageous.
However, every case presents its own unique set of facts. If you are injured and want to know what types of damages to seek in your case, an experienced personal injury attorney in your area can help you explore your legal options.
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How Do You Determine Emotional Pain & Suffering
There are many different types of traumatic incidents that could cause emotional pain. For example, if someone held a gun to your head, threatened your life or the life of a family member, or even swung a bat at you. All of these examples could cause emotional pain and suffering but how do you define it?
Mental anguish or emotional pain and suffering isnt just embarrassment, resentment, disappointment, or anger. Mental anguish refers to suffering from emotional disturbances such as:
This type of pain and suffering, unlike physical pain, isnt easily calculated. You wouldnt be suing for general damages such as reimbursement for medical bills or the destruction of property. An emotional pain and suffering lawsuit would cover more hard-to-calculate damages such as loss of enjoyment, loss of reputation, effects of PTSD on your life, long term effects of an injury, etc.
Get Assistance With Your Emotional Distress Suit in New Port Richey, Florida
If you have experienced emotional distress due to the intentional or negligence of another, please give us a call and tell us what happened. We may be able to help: 727-843-0097
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An Example Pain And Suffering Calculation With The Multiplier Method
Consider the following example. A motorist is injured in a collision with a negligent driver on Lake Shore Drive. At trial, a jury must first determine the amount of medical bills the injured person is facing. Next, the jury must determine the appropriate multiplier.
If the jury determines that the injured motorist suffered $10,000 in medical expenses and applies a multiplier of two, they will assess $20,000 in pain and suffering damages as well.
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Different Types Of Personal Injury Damages
In Florida, a judge or jury will consider 2 different levels of damages. These can both be applied to the same accident.
Economic damages are those damages that can be easily assigned a monetary value. For instance, when a car is damaged, it has a value attributed at the time of the accident. Medical expenses and lost wages are other quantifiable economic damages that can be part of a settlement or award.
Non-economic damages are more subjective. This is where the area of pain and suffering comes into play. While very real to you, pain and suffering is considered subjective because everyones reaction to an accident and injury will be different. Someone might develop depression or symptoms related to post-traumatic stress disorder , while others might be prevented from simple pleasures like lifting a grandchild.
Can I Sue The Us Government
If you or a family member have suffered a serious personal injury as a result of the negligence of a government employee or agency, you may ask, can I sue the United States government? The answer is yes, you may be able to bring a claim against the U.S. government and receive compensation for your losses.
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Can I Sue For Pain And Suffering Damages In A Wrongful Death Claim
Pain and suffering damages are recoverable in wrongful death claims as well. However, only the conscious pain and suffering of the deceased prior to death is compensable damages cannot be recovered for the pain, grief, and other mental and emotional anguish suffered by surviving family members.
The evidence must show that the deceased individual consciously experienced pain, emotional distress, etc. prior to death. If the accident left the victim unconscious and insensible to pain before he or she passed away, these damages will not be recoverable.
What Is A Fair Settlement For Pain And Suffering
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Personal injury victims can face many financial challenges and hardships due to their injury, such as steep medical bills, income losses, and various out-of-pocket expenses. However, not all damages are of a financial nature. Many victims also experience excruciating physical pain, ongoing emotional distress, and other non-monetary damages after a significant injury.
If you were recently injured due to anothers fault, you deserve adequate compensation for all your damages, not just the financial losses. However, determining what is a fair settlement for pain and suffering can be tricky without the support of an experienced personal injury lawyer. Morgan & Morgan has your back. We can fight for maximum possible recovery so you can rebuild your life. Contact Morgan & Morgan today for a free case review.
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Proving Pain And Suffering
To establish either physical or emotional pain and suffering, documentation and evidence must support the claim. This evidence may include:
- Personal journals that document the victims pain
- Therapist or mental health counselors notes
The more evidence provided, the more the insurance company, judge, or jury will see how this accident negatively impacted the victims life due to pain and suffering. While you may be able to collect most of this evidence yourself, you may benefit from hiring a lawyer to help you with the case while you focus on your recovery.
How Can I Sue For Pain And Suffering From A Car Accident In Illinois
Home » Blog » Car Accidents » How can I sue for pain and suffering from a car accident in Illinois?
Suing for pain and suffering damages in Illinois is the monetary compensation car accident plaintiffs will receive in an auto accident injury lawsuit due to the mental anguish and physical pain a crash victim is suffering due to an injury.
An Illinois car accident pain and suffering lawsuit claim settlement is a form of compensatory damages that are in the state legal classification of non-economic damages which means damages that are intangible, including but not limited to damages for pain and suffering, disability, disfigurement, loss of consortium, loss of society, and loss of enjoyment of life.
An online free injury review will be able to immediately inform you of your IL legal rights for how much you can sue for pain and suffering after a local auto accident, and how to determine if you are eligible to increase the amount of a lawsuit claim because of pain and suffering.
The highly experienced local car accident lawyers at Illinois Injury Law Rights have the knowledge and skills necessary to quickly help ensure you can sue for pain and suffering, and develop a strategy to maximize your lawsuit settlement compensation. Contact us today 24 hours hours daily for a free, no-risk free Illinois accident claim lawyer consultation to calculate exactly how much to expect for pain & suffering in your pending car crash claim lawsuit.
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