WHAT COUNTS AS PAIN AND SUFFERING IN A PERSONAL INJURY CLAIM?
One component that can make up a significant part of your personal injury claim is that of pain and suffering. This is calculated on top of any quantifiable expenses incurred, such that of medical expenses and direct loss of wages. However, it can be hard to calculate exactly how much a victim should be reimbursed for pain and suffering. For instance, losses can take place in the form of lost opportunities or emotional trauma. How can a price be put on that?
When in doubt, victims should always seek the counsel of an experienced attorney in calculating pain and suffering reimbursement. They are able to advise you on the maximum amount it is reasonable to claim for based on the severity of your accident and the ways your life has been affected.
Establishing Pain and Suffering
There is no fixed reimbursement amount for pain and suffering as no two accidents are the same. On top of that, the way two individuals are affected by a similar accident can be different. For instance, a victim whose job is heavily dependent on physical labor may find themselves out of work whereas one who holds a desk-based job may not.
Below are some common causes of pain and suffering victims endure after accidents:
- Mental and emotional trauma
- Stress and anxiety
- Physical pain that can be recurring and requires long-term rehabilitation
- Reduced ability or inability to return to work in the same capacity as before
- Reduced quality of life, such as the inability to participate in activities they used to enjoy
- Loss of companionship
- … and more
How Has the Accident Changed Your Lifestyle?
In order to present a case for the above causes of pain and suffering, you will need to prove that your lifestyle has changed as a result of the accident. The most obvious way to prove this is through medical bills and appointments. If the accident resulted in a long-term injury or condition that requires rehabilitative treatment or expensive medical equipment, not only are you affected financially, your ability to live life the way you did before the accident is impacted. That is why pain and suffering is an additional component on top of medical reimbursement – the financial loss is not your only loss.
In addition, documents from your therapist, testimonies from those living with you and diary entries can prove emotional anguish and a diminished quality of life. For instance, if you took weekly dance classes before the accident and are no longer able to do so, not only are you deprived of a pastime that makes you happy, you may experience loss of companionship from being stranded at home.
Choose Corradino & Papa, LLC For Personal Injury Accident Representation and Compensation
If you have been injured in an accident, you may feel that you deserve more than a reimbursement of your medical expenses. If so, you can count on expert representation from Corradino and Papa, LLC to assist in calculating and fighting for the pain and suffering settlement you deserve. Contact us today for a free consultation.
Disclaimer: Results may vary depending on your particular facts and legal circumstances.