Personal injury lawyers are responsible for helping their clients get compensation for the pain and suffering they have endured due to someone else’s negligence. There are a few different factors they consider when estimating damages, including the severity of injuries and recovery time.
The Severity of Your Injuries
If you sustained serious injuries that required extensive medical treatment and resulted in long-term effects, you will likely receive more compensation than someone who suffered smaller, less severe injuries.
More severe injuries will result in greater pain and suffering. If you were in a car accident and suffered broken bones, your pain and suffering would likely be greater than someone who only suffered some scrapes and bruises.
The Length of Time It Took for You to Recover From Your Injuries
A personal injury lawyer can help you estimate a fair compensation or settlement amount. In calculating the award, they will consider the length of your recovery time. Spending a long time in the hospital can attest to the severity of your injuries and lead to a higher medical bill.
The Impact Your Injuries Have Had on Your Life
This factor includes your ability to work, enjoy hobbies, and perform everyday activities. However, this may be harder to prove. Consider keeping a journal to document your life after the accident. It is even better if you have journal entries before the crash.
Your lawyer will also consider if you suffered permanent damage from your accident. That could include disfigurement, loss of limb, or paralysis.
The Mental Anguish You Suffered
Mental anguish includes anxiety, depression, and post-traumatic stress disorder. If you have suffered any of these conditions due to your crash, your lawyer will consider them when calculating your damages.
If you feel emotionally scarred by the accident, visit a trained mental health therapist. While a physician will care for your physical wounds, a therapist can help heal your anxiety, depression, and other psychological conditions.
Your Medical Bills
Your lawyer will review your medical bills to understand the extent of your injuries and the treatment you require. That can help them determine a fair amount for pain and suffering damages. The more extensive the medical treatment, the greater the pain and suffering; that includes surgeries, hospitalization, physical therapy, and medications.
Video Evidence
If there is video evidence of the accident, the lawyer may use it to show the jury how severe the incident was and how much pain and suffering you endured. For example, if there is footage of the accident itself or the victim crying in pain afterward, this can be persuasive evidence of the severity of the injuries.
The Testimony of Witnesses
Witnesses who saw the accident or saw you immediately can attest to the severity of your injuries and pain. That can help prove pain and suffering. Your lawyer will interview witnesses who saw the accident and can attest to the collision’s severity and your injuries.
Your Testimony
Your lawyer will also ask you about the pain and suffering you have experienced due to the accident. That could include how your injuries have affected your life, what kind of treatment you have required, and how your injuries have impacted your ability to work or enjoy hobbies.
Expert Testimony
The lawyer could use an expert witness to show the jury the extent of your injuries and the pain you have suffered. The expert could be a doctor who treats you for your injuries or an expert in accident reconstruction. The expert will review the evidence and testify to the severity of your injuries and the pain you have endured.
Have a Skilled Personal Injury Attorney by Your Side
No two personal injury cases are exactly alike, which is why it’s important to have an experienced lawyer on your side who can help ensure you get the maximum compensation possible. As you can see, many factors go into calculating pain and suffering. Your lawyer will take all of these into consideration when making their calculations.
Irma C. Dengler
With a BA in communications and paralegal experience, Irma C. Dengler decided to make the best of her writing skills. She decided to turn complicated legal matters into something more palatable for the masses. Therefore, Irma became a law communicator who writes about everyday problems so everyone can understand them and take the appropriate action. She specialized in personal injury cases, as they are more common than anyone thinks, but her areas of expertise also include civil law, criminal law, insurance-related issues, and more.
