The terms “pain and suffering” are thrown around a lot in discussing personal injury cases. People love to talk about suing for pain and suffering, often without knowing exactly what it means. The truth is, it’s an important part of many injury cases, but you need to understand the process of how it works and how it’s determined as well as why having a lawyer is important to getting compensated. Learn how pain and suffering are determined in a personal injury case, the kind of damages you can recover, and why a lawyer is vital.
Pain, Suffering and the Personal Injury Case
Pain and suffering are tricky to prove and very difficult to put a price on. Since pain isn’t something you can see or put into concrete terms, you may need to rely upon expert evaluations like a doctor’s assessment of symptoms that may be indicators of possible pain. Even then, however, it can be tough to ascertain the severity, and it is on these that the settlement hinges.
Physical vs. Mental
There are two types of pain and suffering damages: those that arise from physical injury, and those that fall under mental anguish. Of the two, mental anguish is even harder to quantify than physical pain, since the symptoms aren’t physical but emotional.
Evaluating Pain and Suffering
The first thing that’s necessary to evaluate pain and suffering is to demonstrate that you’re under medical care. If you haven’t seen a doctor, the insurance companies are going to question whether you’ve actually got pain. The more medical treatment you receive, the more they will accept pain and suffering. The more the doctor can corroborate your experiences, the better off you’ll be.
There are several types of evidence that can be presented to prove or back up a claim of pain and suffering. These include medical records, including bills, prescriptions and the like; photographs of the injuries suffered, receipts for medical expenses like OTC medication or therapy, and documentation of time lost from work.
The Importance of an Attorney
Proving pain and suffering is exceptionally difficult, and isn’t something you should ever try to do on your own. It’s vital to have an attorney in your corner, who has been through this before. A personal injury lawyer knows how to prove you are experiencing pain and suffering. Having an attorney in your corner can very literally be the difference between a sizable settlement and having your claims dismissed out of hand.
Have you been injured in a car accident or other form of incident where someone else was at fault? If so, we are ready to listen to your story. Get in touch with us today for a no-cost, obligation-free consultation on the specifics of your case, and make sure you get the full compensation you deserve.