As a victim of a personal injury accident, you need to learn as much as possible about everything that can affect your case as well as the chances of compensation. One of the common questions that you will rightly ask is whether or not you will be able to receive compensation for your pain and suffering as part of the accident claims. Compensation for pain and suffering is unlike your medical bills or other damages suffered. In this case, there is no clear-cut bill to be added up to make a whole figure.
Pain and suffering are a lot harder to calculate and put a number to, especially when one does not understand what falls under this category. Seeing as people often pay more than money during the healing process after an accident, it is essential to understand better what pain and suffering are.
What Counts as Pain and Suffering?
In a personal injury case, pain and suffering can be described as the mental stress or emotional anguish a person has been made to go through on account of the injuries suffered. Pain and suffering in a personal injury claim fall under non-economic general damages and are calculated differently.
To establish that a person has undergone pain and suffering as part of the effects of the personal injury accident, Carlson Meissner Hart & Hayslett notes that such a person must exhibit one or more of the following;
– Temporary or permanent physical pain and discomfort
– Emotional disorders and mental health issues like memory loss, depression, insomnia, anxiety, and other related conditions.
– Physical limitations can be expressed in the form of the inability to carry out certain tasks like hug loved ones, play with your children, and others.
– Loss of a supportive relationship with family members on account of the accident and injuries sustained
– As well as any other psychological or emotional trauma.
It is important to note that pain and suffering are a huge part of many accident injury claims. However, an injured victim may be unable to demand compensation for pain and suffering if they are filing for;
– Workers’ compensation claims
– Small claims court lawsuits
– No-fault insurance claims.
Convincing the Insurance Company to Pay for Your Pain and Suffering
Insurance companies are known to be notorious when it comes to parting with money. This means that you can’t just expect the insurance company or adjuster to pay without presenting credible evidence to back your claim. In most cases, you will have to prove that the accident had left you critically or permanently injured to claim a huge amount in pain and suffering, however, if you are unable to prove this, you may have to settle for the small amount allocated by the adjuster to cater for your pain and suffering.
If you, however, suffered injuries that require a long and difficult recovery process or any injury that will significantly affect your life for the longest possible time, claiming one to three times the amount of your special damages may be possible. some of the factors that can boost the amount demanded in pain and suffering include;
– When you have suffered extensive burns
– Accidents with fatalities
– Disfigurement, especially affecting the face
– Spinal cord injuries
– Traumatic brain injuries.