If you were injured in any kind of an accident due to someone else’s negligence, you may not only be facing physical and emotional injuries, but also pain and suffering. While every accident is different and there are no exact numbers that can be given to an accident victim without analysis of their specific case, the following will provide you with some information regarding how pain and suffering settlement amounts may be calculated.
Physical Pain
In most cases after a serious accident, a victim suffers some sort of physical injuries that result in medical treatments. Often the pain comes from broken bones, brain injuries, burns, torn muscles and back injuries. Additionally, most victims experience some sort of pain and suffering along with those surgeries, diagnostic tests, medical treatments, or therapy. In some cases, there are medical complications that a victim may expect to endure in the future as a result of permanent or serious injuries. It is important to note that all medical treatments, diagnostic testing, doctor’s notes, physical therapy, medications, or anything else related to your accident should be well-documented. Additionally, consider writing in a journal every day regarding your pain levels and what you are, and are not able to do every day due to your limitations following your accident.
Emotional and Mental Pain
Many victims of catastrophic accidents not only suffer physical pain, but emotional pain as well. In some cases, victims experience long-lasting post-traumatic stress disorder (PTSD). For example, a victim that suffers serious injuries may be unable to complete everyday tasks, which creates depression, anxiety, frustration, and anger.
Determining Settlements for Pain and Suffering
There is no exact science regarding pain and suffering settlement amounts. In all cases, the determination will be made on an individual basis. In some cases, there are caps to the amount of compensation a victim may receive. Again, this is only speculative, and every case will be very different. Additionally, if your case goes to trial, and is seen by a jury, other factors will also come into consideration such as whether there is medical expert testimony to corroborate the victim’s claims of pain and suffering and if the pain and suffering claims seem reasonable.
Visiting with an attorney following your accident can help ensure that your legal rights are protected and you receive a fair and just settlement from an insurance company for not only your physical and emotional injuries but also for your pain and suffering.
Contact an Experienced Personal Injury Attorney
Building a strong personal injury case that includes pain and suffering amounts can be legally complex and challenging. Always remember that the insurance company has teams of people working hard for them to attempt to give you the lowest settlement amount possible. If you were involved in an accident in either the state of Kansas or Missouri, contact an experienced lawyer at Griggs Injury Law at (816) 474-0202 to help you determine if you have the legal right to receive compensation for your pain and suffering.
