Some clients are surprised that they
can get monetary compensation for their pain and suffering.
There is
no real way to make up for the pain caused by an accident, but the
legal system attempts to help compensate you by providing general
damages called “pain and suffering.”
This is a legal term that
includes all of your mental anguish and physical pain that was caused
by the accident.
Pain and suffering damages are
completely separate from your medical expenses or, for example,
follow-up therapy after your accident.
You have to pay for these
services, so there is a quantifiable cost associated with them.
Medical expenses and related costs are referred to as “actual
damages” or “special damages.”
Examples of Pain and Suffering
Virtually any type of injury could be
grounds for a pain and suffering award. However, most injuries must
be fairly severe or long lasting to become grounds for pain and suffering damages.
Examples of injuries that might be good candidates
for a pain and suffering award include:
- Aches or pains in the body
- Emotional trauma or scarring (depression, anxiety, etc.)
- Permanent or temporary limitations on body movement that inhibit activities or decrease quality of life
- Potential shortening of life
Take another example: If you were an
avid gardener before your accident, but your back pain no longer
allows you to engage in this activity, then your lawyer will want to
know this information.
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Proving Damages for Pain and Suffering
Actual damages are easier to prove
because you have a bill—there was a documented cost that you paid
and need reimbursed for. However, pain and suffering does not come
with such a handy price tag.
That means that the jury or judge has to
estimate how much your pain and suffering is worth in monetary terms.
To help the court do that estimation,
your attorney will present evidence of your pain and suffering.
There
are several ways that he or she could do this, and it is common to
use several different methods throughout the course of a trial or
negotiation.
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Evidence may include:
- Having you testify about your pain and suffering
- Having an expert talk about what the average patient would experience if they had injuries that were similar to yours
- Introducing medical records
- Providing evidence of psychiatrist visits
- Showing the types of medication you are (or were) taking
- Showing photographs of the injury
- Having friends and family testify about what you told them about your injuries or pain after the accident
Getting Legal Help
Asserting pain and suffering damages on
your own can be tricky. You are much more likely to succeed with an
experienced Florida personal injury attorney on your side.
Give the
Leifer Law Firm a call for a free case evaluation at 561-395-8055.
You deserve to be compensated for your pain.
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