November 20, 2021

How to Determine Pain and Suffering in a Car Accident Case

During the recovery process from an accident, injured people might experience psychological, emotional, and physical trauma. Depending on whether the injury was minor (like bumps), or more severe (like broken bones), each injury's severity can differ. While physical injuries like cuts, bruises and sprains heal quickly, emotional and mental traumas take longer to develop. These injuries require rehabilitation and medical care. Even if someone is able to survive the initial impact, there may be chronic pain, neck problems, or backaches that last a lifetime. Anxiety, depression, anger and fear are all examples of psychological distress. This kind of trauma can have a profound impact on your life, including your relationships, your work, and your self-confidence. If victims are unable to resolve their issues, they should seek professional counseling.

There are several ways to determine the extent of pain and suffering in a case involving a car accident. You can look at medical records and bills to determine what type of treatment was required and how much. If you were unable to work due to the accident, another way to assess your earnings and lost wages is to examine any loss of earnings or income. To get an idea of the emotional impact of the accident on you, ask your family members, friends, and professionals.

What is the difference in suffering and pain?

There is a huge difference between suffering and pain. A physical sensation that is caused by a problem with the body, called pain. It's the body's way to tell us something is wrong and must be fixed. Suffering is, however, an emotional response to pain. Suffering is the emotional and mental anguish we feel when in pain. Suffering goes beyond the pain. It can also include anxiety, fear, and depression.

How to identify pain and suffering

Although the pain and suffering component of damages is not easy to calculate mathematically, it can be used to estimate damages according to the guidelines established by our highest court. We can often use this information to estimate how much pain and discomfort we will feel during recovery, even without performing hard calculations when determining the damage due to injuries such as broken bones or lacerations. What should you do if you have to deal with more severe injuries? Someone may have multiple sclerosis, or suffer from severe headaches that cause them to be unable to sleep. These cases are not comparable to bone breaking formulas that can be used as a measure of the physical suffering. In deciding whether to include the element of damage in their verdicts, juries often look at two factors: 1) The extent of permanent disability suffered and 2) The nature, duration and severity of such.

How a car accident lawyer can help.

An attorney can use many skills when representing a client in an auto accident case.

These include, but are not limited to; knowledge of applicable laws, medical evidence evaluation including causation/comparative fault analysis, drafting legal documents for clients from pre-trial through settlement or trial, negotiations with insurance companies, evaluating settlement offers, and preparing witnesses for court trials including experts, discovery procedures and strategies, preparing motions and other pleadings, preparing financial statements for client's use during litigation, and many others.

Good law practice includes listening to the client and making sure all issues are addressed before proceeding.

If there seems to be a lack in understanding between the parties about the case's course, this should be addressed upfront to avoid any disputes down the line. You should seek early advice if you have difficulty communicating with your opposing counsel. This will help them to become more comfortable working together toward common goals, rather than becoming adversaries.

Factors that can influence the amount of damage received

 

Like many other injuries, the degree of pain you feel depends on how your body heals, the severity of the injury, and the type of trauma (e.g. broken bones vs. lacerations). There are many factors that can influence whether someone is entitled to compensation for car accident damages. These include the circumstances surrounding the accident, the person who caused it, the actions taken afterward, and other mitigating factors. When deciding if someone has a case for damages, it is important to consider all of these factors.

If you believe that your claim is eligible for recovery, the first thing to do is to consult a qualified personal injury attorney before proceeding with any legal action. A lawyer will inform them of the different legal options available and explain to them if they are better off pursuing one option or another. Lack of knowledge is the main reason people don't seek financial justice after an injury.

Michael D. Beharry, Esq.

An experienced personal injury attorney in the Miami area, who is committed to helping injured accident victims with cases involving car accidents, truck accidents, motorcycle accidents, rideshare accidents, wrongful death, slip and falls, as well as brain and spinal cord injuries.

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