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How Pain and Suffering Factors into Personal Injury Claims

Having to file a personal injury claim is never fun. However, it helps to know how the process goes before you even start. The website lists the details for those who want bodily injury compensation.

Before you go hiring a personal injury attorney, gather as much evidence as you can to better help your case. Is your injury more physical or mental in nature? Courts compensate those who have gone through significant “pain and suffering,” so the details matter. You can even be compensated for damage that happened after your accident.

There are times when the judge will turn to the jury to determine how much the plaintiff is owed. Again, it helps to have as much evidence as you can gather, such as a doctor’s note and testimony from co-workers.

Now, before you start searching the web for things like, “do I need an accident lawyer,” or “best rated personal injury lawyers,” consider the nature of the accident before hiring a personal injury lawyer. For example, you’d want a car accident attorney if the accident was a car crash. The more specific the specialty, the better your chances of receiving compensation for your pain and suffering.

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It’s not uncommon to hear the phrase “pain and suffering” thrown around by personal injury lawyers, but many people don’t actually understand what it means.

There are actually two kinds of pain and suffering. Your personal injury attorney will usually be able to determine which category you fall under, but you can also do so yourself.

    Physical Pain and Suffering

    Physical pain and suffering accounts for the pain caused by the physical injuries you may have obtained in the event that led to your personal injury claim. It includes the pain and discomfort you’ve suffered after the event and the pain and discomfort you’re likely to experience in the future. Both must be linked to negligence on the part of the defendant.

    Mental Pain and Suffering

    Mental pain and suffering occurs as a result of physical injuries and is considered a sort of by-product. Examples of mental pain and suffering can include emotional distress, humiliation, anxiety, shock, anger, PTSD, sleep disturbances or mental anguish. Essentially, it’s a negative emotion experienced as a result of the injury they obtained. This classification also includes all suffering resulting from the accident, from the past into the future. A victim who experiences depression after a traumatic injury and would be eligible for compensation, for example.

Both forms of pain and suffering can result in loss of work, loss of health and damage to interpersonal relationships. Even if an individual has healed, they can often still file claims for damages that already occurred, especially if something measurable like income was lost as a result. However, even more minor issues like temporary stress can make a plaintiff eligible for a pain and suffering claim.

Pain and suffering is difficult to calculate, and usually a judge allows a jury to use good sense to determine a proper amount. Factors include the credibility and likability of the plaintiff, whether or not their claims are backed up by their physician and supporting evidence, and whether the compensation recommended by the plaintiff’s personal injury lawyer make sense to the jury.

Personal injury lawyers are well-versed in what qualifies pain and suffering, but if you’ve suffered from a specific accident, it’s often better to go with someone who’s used to dealing with it, like a car accident attorney, a truck accident lawyer or an employment attorney. Find the right lawyer and you stand a much better chance of understanding and winning your case. References.

Idaho Legal News

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