When a person suffers injuries in a car accident, motorcycle collision, pedestrian accident, or slip and fall accident, they can experience significant injuries that may lead to lengthy medical treatment.
For example, an accident victim might need surgery or other invasive medical procedures with a long recovery time. As a result of the injuries they suffer in their accident, an accident victim may experience long-term pain, suffering, and inconvenience. All of this pain and suffering is legally compensable.
There are two categories of pain and suffering damages in a personal injury case. Specifically, a person can recover compensation for the pain and suffering they experienced beginning on the accident date up to the present time.
They might also recover compensation for the future pain, suffering, and inconvenience they may endure for the remainder of their lifetime. For instance, a person’s injuries might be so severe that they must undergo a future medical procedure, resulting in pain and suffering.
If you have suffered pain, suffering, and inconvenience due to accident-related injuries, you should have a knowledgeable injury lawyer on your side advocating for you.
A personal injury lawyer in your area can determine your eligibility for filing a claim and will work to help you pursue the damages that you deserve, including compensation for your suffering, pain, and inconvenience—both past and future. Trying to go it alone is nearly always a bad idea. Your best bet is to enlist the help of a qualified accident lawyer.
Types of Accidents That Can Lead to Pain and Suffering Damages
Several types of accidents can lead to pain and suffering. Some of those accidents include:
Motor Vehicle Collisions – Motor vehicle collisions are classified as car accidents or truck accidents. These accidents typically occur when a negligent driver operates their vehicle in a reckless, careless, or negligent manner by violating one or more road rules. The at-fault driver might also be using their vehicle while under the influence of alcohol or drugs or while engaging in texting while driving or some other form of distracted vehicle operation.
Slip and Falls – Premises owners and occupiers must maintain their properties in a reasonably careful and safe condition for the benefit of visitors. When a premises owner fails to inspect the premises regularly or does not warn about or repair hazards and defects on the premises, they can be responsible for any injuries that a property visitor suffers.
Slip and fall accidents occur, especially in restaurants and grocery stores where food and liquid can spill onto the floor, creating a hazard for a premises visitor. If the property owner knew about the danger and failed to correct it within a reasonable time, you can hold them responsible for any injuries that resulted.
Bicycle and Pedestrian Accidents – Bicycle accidents and pedestrian accidents commonly happen when motor vehicle drivers are careless and do not see the pedestrian or cyclist in the vicinity, causing their vehicle to collide with them.
If the force of the impact knocks the cyclist or pedestrian to the ground, they can suffer severe head injuries, broken bones, and other permanent impairments. Moreover, if the vehicle is traveling at a high rate of speed, the accident victim can suffer fatal injuries.
Workplace Accidents—Accidents can also happen in the workplace, primarily when an employee works as a builder or on a construction site. These individuals typically have to work around heavy equipment, machinery, and scaffolding. They are also prone to severe fall injuries.
While workers can pursue compensation through the workers’ compensation system for accident-related injuries, they might also assert a third-party claim or lawsuit against a product manufacturer (like for a defective piece of equipment), a worksite foreman/supervisor, or some other individual or entity who contributed to the work accident.
In any of these accidents, the accident victim can experience one or more permanent injuries. Some of the common injuries that can result in past and future pain and suffering include traumatic brain and head injuries, soft tissue injuries, whiplash injuries, abrasions, fractures, broken bones, internal injuries, and spinal cord injuries.
If you suffered injuries in one of these types of accidents, a knowledgeable personal injury lawyer near you can determine if you’re eligible to file a claim. If you are, your lawyer can help you satisfy the legal elements of your claim and work to get you all of the economic and non-economic damages you deserve, including pain and suffering compensation.
Factors That Influence Pain and Suffering Damages
Pain and suffering damages compensate accident victims for all of the physical and emotional pain, suffering, and inconvenience they experience due to the accident-related injuries and treatment. The types and amounts of pain-and-suffering damages that an accident victim can recover will vary from case to case. Factors that influence the types and amounts of damages that an accident victim can recover from pain and suffering include the following:
The Injuries That the Accident Victim Suffered – Generally speaking, the more severe the injuries, the higher the compensation that an accident victim can pursue due to their pain, suffering, and inconvenience. More severe injuries typically involve extensive medical treatment and rehabilitation, which can be long-term and painful.
Whether the Accident Victim Suffered a Permanent Injury – While some accident victims suffer relatively minor injuries, other accident victims can suffer a permanent injury that will affect them for the remainder of their lives. A person who suffers a permanent injury may have to endure pain and suffering well into the future. You can recover compensation for that future pain and suffering.
Suppose you suffered injuries in an accident that resulted from someone else’s negligence. You deserve to pursue damages for your past pain and suffering and your anticipated pain and suffering in the future.
A skilled personal injury lawyer near you can help you make a claim and prove that you are entitled to pain-and-suffering damages. Your lawyer will do everything possible to help you maximize your claim for non-economic damages.
What Is a Permanent Injury, and What Are Some Common Types?
A permanent injury is an injury that a healthcare provider expects will last for the remainder of an accident victim’s life.
To prove that an accident victim suffered a permanent injury in a car accident, motorcycle accident, slip, fall, or other occurrences, a medical provider will need to be on board in the case. Expressly, the medical provider must state in writing, to a reasonable degree of medical probability, that the accident victim suffered a permanent injury.
In addition, the healthcare provider must establish that the accident was a cause of the permanent injury. In other words, the accident does not need to be the sole cause of the injury, but it may be a cause of the injury.
If you believe that you suffered a permanent injury in your recent accident, a personal injury lawyer in your area can evaluate your case and make recommendations on how best to move forward. In some cases, your accident lawyer can send you to a doctor for a permanency evaluation.
Types of Recoverable Pain and Suffering Compensation in a Motor Vehicle Accident Case
Pain and suffering damages fall under the umbrella of non-economic compensation.
Economic damages compensate accident victims for their lost earnings and other out-of-pocket costs. Non-economic damages, on the other hand, are hard to quantify in monetary terms. These damages compensate accident victims for the intangibles. Some of the most common non-economic damages that an accident victim can recover include compensation for the inconvenience, mental distress, emotional anguish, and pain and suffering—both past and future.
If the accident victim suffered a permanent injury, according to a qualified medical provider, the accident victim can pursue compensation for loss of enjoyment of life. For example, due to the pain associated with their injuries, the accident victim cannot engage in certain activities they enjoyed before the accident.
Moreover, an accident victim can bring a claim for loss of the ability to use a body part if their injuries prevent them from walking, standing, or using their hands or arms.
For example, when an accident victim suffers a spinal cord injury or paralysis injury, they may be eligible to bring a loss of use claim. Finally, an accident victim can claim loss of spousal companionship or consortium, depending on their injuries.
A knowledgeable personal injury lawyer such as MNH Injury Lawyers can thoroughly evaluate your case and determine what types of damages you might be eligible to recover. If you qualify for pain and suffering compensation, your lawyer will do everything to maximize your damages in the case and zealously advocate for you, both at the settlement negotiating table and in the courtroom.
Proving That You Deserve Past and Future Pain and Suffering Damages
As the accident victim in a personal injury case, you have the legal burden of proof. Not only must you demonstrate that another person or entity behaved unreasonably and negligently under the circumstances, but you must also show that you suffered injuries in the accident and that your injuries resulted from the accident.
In addition to your health care provider’s testimony on the witness stand, your testimony can prove pain and suffering damages. You can explain the overall impact the accident had on your life and how your injuries and medical treatment made you feel. You can also testify that you cannot do certain activities you used to enjoy.
These activities might include daily living tasks, recreational activities, and social activities with friends and family members. This testimony can convince a jury or mediator or arbitrator that you suffered a painful and permanent injury in your accident.
In addition, your lawyer can introduce mortality tables as evidence on your behalf. Your lawyer can use a mortality table as evidence of your general life expectancy and how long you can expect to endure pain, suffering, and the other symptoms of your injuries in the future.
A skilled personal injury lawyer can represent you at trial and all other legal proceedings. Your lawyer will introduce the necessary evidence on your behalf and work to convince the factfinder that you deserve to recover monetary compensation for all of your pain, suffering, and inconvenience.
Call a Personal Injury Lawyer About Your Legal Matter Today
Serious motor vehicle, bicycle, pedestrian, and slip and fall accidents can lead to equally severe injuries and other complications. If you suffered pain, suffering, and inconvenience from your injuries, a knowledgeable personal injury lawyer can recover the non-economic damages that you deserve.
Your lawyer can work with the insurance company adjuster to obtain a settlement in your favour. If the insurance company refuses to offer you the full compensation that you deserve for your pain and suffering, your lawyer can file a lawsuit and litigate your case in the court system.
Too many people underestimate their pain and suffering losses, and this can leave a lot of money on the table. You should recover financially for all your injury-related losses – not only the financial costs. Pain and suffering takes a toll on your life and on your family, and a negligent party should be liable for this.
You might not know how to calculate your pain and suffering losses, but your personal injury lawyer does. There are ways to calculate and prove pain and suffering to insurance companies, and you want a legal professional handling this process. A lawyer can ensure you receive all you deserve for pain and suffering.