If you suffered injuries in an accident because of someone else’s negligence, you might be eligible to recover monetary damages for your past and future pain and suffering. However, recovering these damages is often an uphill battle, especially if you are dealing with a difficult insurance company or settlement adjuster.
A knowledgeable personal injury lawyer can help you recover the pain and suffering damages you need to become whole again. Your lawyer can file a claim with the at-fault party’s insurer on your behalf and pursue the pain and suffering compensation and other monetary damages you need.
Suppose the insurance company refuses to offer you the appropriate compensation. In that case, your lawyer can file a lawsuit against the at-fault party in court and, if necessary, litigate your personal injury case at a trial or binding arbitration hearing.
Accidents That Can Lead to Personal Injuries
When others act negligently, they may cause accidents that lead to serious personal injuries. Negligence generally means acting unreasonably under the circumstances, or failing to take steps that a reasonable person would have taken in the same situation.
In practice, negligence can lead to many different types of accidents, including:
- Motor vehicle accidents
- Pedestrian crashes
- Bicycle and motorcycle accidents
- Defective product malfunctions
- Premises accidents, such as slips and falls
- Medical negligence
- Workplace accidents, particularly in construction and industrial settings
If you suffered injuries and pain as a result of one of these incidents, an experienced personal injury lawyer can review the facts of your case and determine whether you are eligible to pursue pain and suffering compensation. If a claim is available, your lawyer can guide you through each step of the process and litigate the case if necessary.
Typical Injuries That Accident Victims Sustain
Accident victims can suffer a wide range of injuries, depending on the type of accident, the force involved, and the body parts affected. Common injuries include traumatic brain injuries, internal organ damage, cuts and abrasions, bruising, soft tissue injuries, fractures, spinal cord injuries, and paralysis.
Seeking medical care as soon as possible after an accident is critical. Some injuries, particularly brain injuries and soft tissue damage, may not cause immediate symptoms and can worsen over time if left untreated. Early evaluation allows medical providers to order imaging studies such as X-rays, CT scans, or MRIs and to make accurate diagnoses.
While you focus on medical treatment, a personal injury lawyer can begin protecting your claim by gathering wage documentation, medical records, photographs, witness statements, and police or incident reports. Once treatment is complete, this documentation can be submitted to the insurance company to support your pain and suffering claim.
Filing a Personal Injury Claim After an Accident
Recovering compensation for pain and suffering usually begins with filing an insurance claim against the at-fault party. Your lawyer will prepare and submit a settlement demand package that includes medical records, wage loss documentation, and other supporting evidence.
Insurance companies often challenge pain and suffering claims or attempt to minimize their value. An experienced lawyer can respond to these tactics by emphasizing the medical evidence and long-term effects of your injuries. If the insurer refuses to offer fair compensation, your lawyer can file a lawsuit and pursue the case through litigation.
Litigating a Personal Injury Claim
Litigation may be necessary when fault is disputed or when settlement negotiations fail. Once a lawsuit is filed, both sides engage in discovery, which may include written questions, document exchanges, and depositions.
During depositions, accident victims may testify about the physical pain, emotional impact, and long-term effects of their injuries. Even after litigation begins, cases often resolve through settlement. If not, the case may proceed to trial, arbitration, or mediation, depending on the circumstances.
A knowledgeable personal injury lawyer can help you decide whether you should accept a settlement offer, take your case to trial, or pursue alternative dispute resolution in your case.
The Burden of Proof in a Personal Injury Claim or Lawsuit
The burden of proof in a personal injury case rests solely with the accident victim. This includes the burden of proof as to pain and suffering damages.
To recover damages in a personal injury case, the accident victim must show that the accident happened due to someone else’s negligence. They must also demonstrate that they suffered at least one physical injury in their accident and that their injury directly resulted from the accident.
To prove this causal connection, the accident victim may need to retain a medical expert who can testify at a deposition or jury trial. To a reasonable degree of medical certainty, a medical expert can state that the accident proximately caused the injury or injuries.
The medical expert can also establish that a particular injury is permanent. A permanent injury is unlikely to improve over time. Finally, a medical expert can confirm that an accident victim may experience pain and other symptoms for the rest of their life.
An experienced personal injury lawyer can help you satisfy your legal burden of proof in a personal injury claim or lawsuit.
Past and Future Pain and Suffering Damages
Accident victims who establish liability may recover compensation for both past and future pain and suffering. These damages are influenced by factors such as injury severity, duration of treatment, and whether the injuries are permanent.
Past pain and suffering compensate victims for what they have already endured since the accident. Future pain and suffering addresses the symptoms and limitations that are expected to continue. Medical providers may offer opinions regarding long-term prognosis and the likelihood of ongoing pain.
In addition to pain and suffering, compensation may be available for emotional distress, mental anguish, inconvenience, loss of enjoyment of life, loss of use of a body part, and loss of spousal companionship.
Contact an Experienced Personal Injury Lawyer Today
If you were injured in an accident caused by someone else’s negligence, it’s important to understand your legal options. A personal injury lawyer can investigate your case, handle insurance communications, and pursue compensation on your behalf.
Reach out today to discuss your situation and take the next step forward.
Frequently Asked Questions
1. What are pain and suffering damages in a personal injury case?
Pain and suffering damages compensate you for the physical pain, emotional distress, and reduced quality of life caused by an accident. These damages go beyond medical bills and lost income.
2. What types of accidents can lead to pain and suffering claims?
Pain and suffering claims often arise from car accidents, pedestrian and bicycle crashes, motorcycle accidents, slip and falls, defective products, medical negligence, and workplace accidents, especially in construction settings.
3. Do I need medical records to prove pain and suffering?
Yes. Medical records are essential. They document your injuries, treatment, recovery timeline, and any long-term or permanent effects, all of which support your pain and suffering claim.
4. Why do insurance companies challenge pain and suffering claims?
Insurance companies often dispute these damages because they are not tied to a fixed dollar amount. Adjusters may downplay your injuries or argue that your pain is exaggerated to reduce what they pay.
5. Will I have to go to court to recover pain and suffering damages?
Not always. Many cases settle through insurance negotiations. However, if the insurer refuses fair compensation, your lawyer may recommend filing a lawsuit and pursuing litigation or alternative dispute resolution.
6. How long do I have to file a personal injury claim?
There is a limited time to file a claim, known as the statute of limitations. If you miss this deadline, you may lose your right to recover compensation, including pain and suffering damages.
