Can You Sue for Pain & Suffering
What is Pain & Suffering?
The concept of pain and suffering refers to any non-physical or emotional distress a victim may experience as a result of negligence or an accident. Pain and suffering can extend beyond physical damage, medical bills, or property loss and may include other lingering harm such as pain, anxiety, and other psychological distress brought on by an accident. From a legal perspective, pain and suffering takes a deeper look at the aftermath of an accident instead of just hitting the surface level and helps to acknowledge the human aspect of an accident and the parties involved.
How can you prove pain and suffering?
Documentation is crucial for providing evidence of pain and suffering. The documentation or testimony of a medical professional can be an important factor in providing proof of pain and suffering. After a serious injury, obtaining the opinion of a medical specialist can also help assess and identify the severity and extent of mental trauma or other underlying injuries as a result of an accident.
Medical experts can help provide evidence of pain and suffering and changes in the quality of life resulting from an injury. Loss of mobility, reoccurring pain, or other lingering elements of an accident can lead to decreased satisfaction in life and hinder your ability to do everyday activities such as pick up your kids, ride in a vehicle, play the sports you loved before the accident, enjoy vacations, and participate in the things that bring joy to your life.
As well, scarring and burn injuries often result in mental and emotional anguish, especially in children and young adults. As bullying and teasing may occur because of the scars or burns, this is often factored into pain and suffering calculations and awards for damages.
Other useful documentation can also include statements and testimonies from family and friends that may be able to attest to a change in behavior and quality of life that is visible from those close to the victim and have the ability to observe and see noticeable changes resulting from an accident.
How is pain and suffering compensation Calculated?
The answer to this question may not be as simple as applying a “one size fits all” answer. Pain and suffering can be difficult to put a value on, especially without a thorough look at all of the factors of an accident. Accidents can vary widely depending on the type of accident and severity of the injuries. Valuing pain and suffering involves a combination of objective and subjective assessments which is a very nuanced process. However, while it is a nuanced topic there are some factors that come into play when attempting to value an injury. When you can provide evidence of extreme mental or physical anguish, permanent disability, or disfigurement that has a direct effect on someone’s quality of life these are key when trying and place a monetary value on an injury. There can be several different methods of valuing or calculating a payout for pain and suffering which may be on a case-by-case basis. If you are interested in learning more about calculating a payout for pain and suffering seeking the expertise of a personal injury attorney is greatly advised to help you gain insight into the estimated value of your compensation.
Contact a Top Rated Louisville Injury Lawyer Today!
In conclusion, can you sue for pain and suffering? Yes. However, it can be an extremely nuanced matter which is difficult to accurately evaluate. However, through expert evaluation, evidence and proper documentation, you may be able to seek compensation following an accident. For this reason, it can be highly beneficial to seek the help of a Louisville personal injury attorney who can help you build a strong case, gather necessary evidence, and navigate the legal complexities involved in seeking compensation for pain and suffering. The best Louisville Injury Lawyer can significantly enhance your chances of a successful resolution.
If you have any other questions regarding pain and suffering or any other injury resulting from an accident or negligence do not hesitate to contact our experienced top rated Louisville Accident Lawyer today. The Louisville Injury Law Firm will answer any questions you may have and provide a free case evaluation and confidential consultation any day of the week. As your time to file a claim may be limited by a statute of limitations, do not wait until it is too late to reach out to our team.