Recovering from an accident can require medical treatments that can be expensive for some people. You can get help when dealing with this process by getting compensation. Depending on the situation, you can get compensation from your insurance company or the party responsible for the accident.
A Jacksonville pain and suffering lawyer can help you with the process of establishing liability. They can also help you determine the compensation you can get and help you pursue it. Hiring your lawyer makes the process easier, as they understand more of the law. They can deal with the confusing pain and suffering compensation process.
Pain and Suffering Damages You Could Recover
With enough evidence, your Jacksonville pain and suffering lawyer can help you file a personal injury claim. This claim includes all your damages and covers your injuries.
Damages fall into two main categories, economic and non-economic. Pain and suffering falls under non-economic damages. This is because pain and suffering isn't monetary, although, it can have financial consequences.
Some of the damages you can get for pain and suffering include:
Loss of Consortium
This refers to the benefits a family member can no longer get because of the injuries the accident caused, such as sexual relations and familial affection. The spouse of someone hurt in an accident can sue for these damages using loss of consortium as their basis.
You might suffer from trauma, such as post-traumatic stress disorder (PTSD), after an accident. It can plague you at any time and under any circumstances, making your life hard. This trauma counts as pain and suffering. You can get compensation for the effects of the emotional and psychological trauma and the costs associated with dealing with it, such as therapy.
Pain from your injuries (or the trauma linked to them) can plague you at night, taking away your ability to sleep. Sleep is essential, and the lack of it can slow down your recovery process. Lack of sleep can also leave you with fatigue, anxiety, and many other harmful problems.
Other pain and suffering damages you can claim include:
- Loss of social status
How To Qualify for Pain and Suffering Damages in Jacksonville
Pain and suffering refers to any physical or emotional pain you might feel after an accident. Qualifying for these damages is not easy, as it can be difficult to prove some of the impacts of your injuries. Your pain and suffering lawyer can help you prove the effects of your accident in Jacksonville to get you compensation.
You will need to prove a direct correlation between the accident, your injuries, and the pain and suffering. You can do this by proving that you suffered, either in part or whole:
- Temporary or permanent loss of important bodily functions
- Temporary or permanent injury from the accident
- Temporary or permanent scarring and/or disfigurement
Proving the above can also be challenging, but your Jacksonville pain and suffering lawyer can guide you through it. They can help you find evidence proving physical or emotional damage from the accident.
Proving Pain and Suffering Damages
The best way to prove pain and suffering damages is by having concrete evidence of your injuries. You can prove physical pain and suffering by:
- Showing pictures or videos of your injuries
- Presenting medical documentation of your injuries and their severity
- Showing receipts of the treatment you received or are receiving for the injuries
- Presenting eyewitness testimonies
- Utilizing the police report if you filed a police statement or if the police were present during or after the accident
Injuries You Can Use To Claim Pain and Suffering
Not all injuries qualify for pain and suffering damages. You are more likely to get a higher settlement for severe injuries than you are for minor ones. Some of the injuries you can get compensation for include:
- Traumatic brain injury
- Spinal cord injuries
- Broken bones
- Back and neck injuries
Your settlement also depends on how long your recovery process is. A longer recovery/ treatment period will likely result in more compensation. Other procedures, such as surgeries, emergency medical care, and ambulance services can increase your settlement.
Psychological Pain and Suffering
Proving emotional, mental, or psychological pain and suffering is harder. There are next to no physical ways to prove your emotions. You can, however, try to combat this by documenting your experience.
This involves noting details related to your mental health, including mood swings, anxiety, or depression. Have a journal to write all your experiences in, and don't fabricate information. You can also ask your family or friends to talk about the changes they have seen in you since the accident. They can act as character witnesses to show the change in your behavior or spirits after the accident.
You might also be getting help from a therapist or psychologist after your accident. Ask your mental health professional if they can write a letter about your situation. They cannot disclose personal information, but they can provide better insight into your mental health. Your pain and suffering lawyer can use this evidence to prove your emotional pain and suffering to the insurance company.
Wrongful Death Damages
Sometimes injuries from an accident can result in death. Loved ones who lose a family member from an accident or injuries can file wrongful death lawsuits. Pain and suffering can also be included in the lawsuit. This covers the decedent's pain and suffering as well as that felt by those left behind.
Some of the pain and suffering you can file for under wrongful death include:
- Loss of parental guidance
- Loss of income, it the deceased was an income earner
- Loss of companionship
- Missing love and affection
- Loss of spousal intimacy
Seek Justice With a Dolman Law Group Pain and Suffering Lawyer
Our pain and suffering lawyers can fight for pain and suffering damages. Our attorneys have years of experience dealing with such cases in Jacksonville and won't be intimidated.
We take great care with each case and ensure you get the best possible advice. Nothing can scare us off, and we won't rest until you get compensation for your pain and suffering. Call us today to talk to one of our staff members.
12574 Flagler Center Blvd.;
Jacksonville, FL 32258
Phone: (904) 441-6903