One thing that you can be compensated for in a personal injury case is pain and suffering. When you have physical injuries, you can point to specific things that you want compensation for. You want to be compensated for a doctor’s visit. Or you want compensation for a physical therapy session or surgery.
These are specific things that cost a specific amount of money. But, personal injury cases also deal with compensation for pain and suffering. Pain and suffering are general damages. It can be much more difficult to determine compensation for pain and suffering than other expenses. But, as the victim of personal injury, can get compensation for this. You can learn more about determining this compensation on this page.
Pain And Suffering In Personal Injury Claim
Most states allow you to include compensation for pain and suffering. You can do this in your personal injury claim. But, pain and suffering can be difficult to prove. It can also be difficult to put a price on these issues. A doctor might be able to prove that you are in pain because of your injury. But, how do you put a price tag on this pain?
Pain and suffering is broken down into two categories in these cases. The first is physical pain and suffering. This includes the physical issues that you have because of your injuries. The other category is mental pain and suffering. This is related to how your injury affected you emotionally. It accounts for time that you missed from work. Also, it accounts for events that you missed with friends and family because of your injury.
Determining Pain And Suffering
The at fault party’s insurance company will determine your level of pain and suffering. Then, they will try to put a dollar amount to your pain and suffering. They do so by evaluating your situation. One major factor in their evaluation is your physical evidence of your injury. If you went to the doctor and went through a lot to recover from your injury, they will take it more seriously. The insurance company will also review:
- Your medical records.
- Your medical bills.
- Photographs of your injuries.
- Receipts for medication.
- Documentation of loss of wages from your employer.
- Prescription records.
These pieces of evidence will contribute to proof of your pain and suffering.
The Insurance Adjuster
An insurance adjuster will likely be involved in your case. They will calculate compensation based on these factors and others. It is important that you have a personal injury attorney representing you. This will make sure that you get the best compensation for your situation. An insurance adjuster will try to take advantage of you. They will try to downplay your injuries. You need a personal injury attorney to protect your rights and make sure that this doesn’t happen. Determining pain and suffering in your case can be difficult. A lawyer can help with the process. They can make sure that you get what you deserve. For more help, contact our office today.