When people think about personal injury compensation, they focus on substantial medical bills, property damage, and lost wages. But pain and suffering can also be a significant part of your damage. Unfortunately, insurance companies don’t always value pain and suffering as their true worth. As a kind of non-economic damages, pain and suffering claim are intended to recompense injured victims for the mental and physical distress they experienced as a direct result of their misfortune.
To ensure you are fairly compensated for your pain and suffering, there are a few things you should consider before filing your personal injury claim. This blog will discuss pain and suffering, how to prove its value, and how to maximize your compensation.
What are Pain and Suffering Claims?
Pain and suffering claims are a type of non-economic damages meant to compensate an injury victim for the physical and emotional pain and suffering they have endured as a result of their injuries.
To win a pain and suffering claim, you will need to prove that the defendant’s negligence was the cause of your injuries and that your injuries have caused you to suffer physically and emotionally.
There are a few different types of pain and suffering you may be able to recover compensation for:
Physical pain and suffering: The physical pain and discomfort you have experienced due to your injuries. It can include headaches, chronic pain, disfigurement, and disability.
Mental pain and suffering: This includes the emotional distress you have experienced because of your injuries. It can consist of things like anxiety, depression, PTSD, and loss of enjoyment of life.
Wrongful death: If you have lost a loved one in a fatal accident, you may be able to recover compensation for your pain and suffering and your loss of companionship.
How to Prove the Value of Your Pain and Suffering Claim?
It can be challenging to put a value on pain and suffering, but Here are a few things you can do to help prove the value of your pain and suffering:
- Keep a record of your symptoms and how they have impacted your life.
- Keep track of any medical treatment you have received and the costs.
- Keep a journal documenting your emotional distress and how it has affected your life.
- Get a statement from your employer detailing how your injuries have affected your work.
- Have your friends or family write letters about how your injuries have changed your life.
- Hire an expert witness, such as a doctor or psychologist, to testify about your injuries’ impact on your life.
- Take pictures of your injuries and record your medical appointments.
- Get a copy of your police report.
- Get a copy of your medical records.
- Keep any other evidence that may be relevant to your cases, such as receipts, bills, and costs of replacement services.
How to Maximize Your Compensation for Pain and Suffering Claims?
There are a few things you can do to help ensure you receive the maximum possible compensation for your pain and suffering.
- Hire an experienced personal injury attorney who values and negotiates pain and suffering claims.
- Make sure you have strong evidence to back up your claim.
- Do not accept the first settlement offer.
- Be prepared to negotiate.
- Be willing to go to trial if necessary.
No one deserves to suffer because of someone else’s negligence. If you or a loved one has been injured in an accident, don’t hesitate to contact an experienced personal injury attorney to discuss your legal options.
How Can a Personal Injury Attorney Help you?
If you’ve been injured in an accident, you may be wondering if you need to hire a personal injury attorney. Here are a few ways an attorney can help you with your pain and suffering claim:
- An attorney can help you gather evidence to support your claim.
- An attorney can negotiate with the insurance company on your behalf.
- An attorney can help you get the maximum compensation for your claim.
- An attorney can file a lawsuit on your behalf if necessary.
- An attorney can represent you in court if necessary.
Many things to consider before filing a personal injury claim for pain and suffering. The most important thing is to speak with an experienced personal injury lawyer who can help you understand your legal rights and options. Contact Garcia and Phan Personal Injury Attorney At (714) 586-8298, to schedule a free consultation.