When you are injured to someone else’s negligence during a car accident, you can have numerous financial damages such as medical expenses, property loss, and lost wages. Your pain and suffering is another basis for recovery in this situation. Because pain and suffering are specific to the individual, it can be difficult to determine the dollar amount which should be attributed to this experience.
What is “Pain and Suffering”?
Pain and suffering is a term used to describe the different types of injuries a person may suffer because of an accident such as their emotional and physical pain. Some examples may include the person’s grief, anxiety, mental health conditions, and any loss of their enjoyment of their everyday life.
Valuation of Pain and Suffering
Unlike, medical expenses and lost wages, pain and suffering does not have an assigned dollar value. The insurance adjuster handling your claim will examine the evidence in your case and use a multiplier based on your tangible expenses to calculate your pain and suffering damages. When the adjustor has substantial evidence which demonstrates the challenges you have experienced because of the accident, he or she can take this information into consideration.
The Judge or Jury’s Examination
The factfinder in your cases will look at your evidence as wells as numerous other factors such as your age, the severity of your injuries, possible future pain and problems you may have, your pre-existing conditions, and how long it will take you to recover.
Showing Pain and Suffering
Due to its subjective nature, an individual’s pain and suffering cannot be directly quantified. However, certain evidence can assist in establishing the extent of the damage such as the individual’s testimony, their medical provider’s statement concerning their experience, a statement from his or her mental health provider, testimony from the individual’s spouse or other family members, and prescription drug records. There can also be visual documentation such as video of you as you try to move with your impairments and photographs of your wounds.
Even when your pain and suffering after a car accident is evident, insurance companies will often try to diminish your experience to avoid having to pay more on your personal injury claim. We have experience helping clients prove and get recovery for their pain and suffering after being injured in a motor vehicle accident and can help you get the compensation you deserve. Contact us online or at (866) 767-4711 today to set up your free, no-obligation consultation in one of our three locations: St. Cloud, Kissimmee, and Orlando.