Pain and suffering is one of the hardest things to calculate. It involves so many factors you cannot see with your eyes. These are mostly the emotional and psychological effects of the damages you suffer. An insurance company can be reluctant about handing out compensation because of this.
You can deal with reluctant insurance companies by retaining a New Port Richey pain and suffering lawyer. Your lawyer can present evidence of your pain and suffering. They can use this evidence to convince the insurance company of the validity of your claims.
What Is Pain and Suffering?
Pain and suffering refers to how the injuries one gets affect their life. It includes any physical, psychological, or emotional pain you might feel when recovering from an accident. It can include the physical pain you feel where you are hurt. Some of the physical conditions causing pain and suffering include:
- Back or neck pain
- Traumatic brain injury
- Fractured or broken bones
- Dislocated joints
Pain and suffering can also refer to the emotional pain you feel. Some people can get discouraged and feel downtrodden after an accident. This can result from their inability to enjoy some of the things they used to love. Lack of independence and lack of a social life due to the injuries can also cause emotional pain and suffering. Examples of other kinds of emotional pain and suffering include:
- Psychological trauma
- Post-traumatic stress disorder (PTSD)
New Port Richey Accidents That Cause Pain and Suffering
There is no clear cause for pain and suffering. This is because it results from your situation, and each situation is different. Something resulting in pain and suffering to you might not affect someone else. This doesn't take away from your pain, and you can still get compensation for it.
Some of the things that can cause pain and suffering include:
Motor Vehicle Accidents
Car, truck, motorcycle, and bicycle accidents can cause significant damage. These can involve loss of property and, most important, bodily injuries. Injuries from any type of motor vehicle accident can be debilitating and take months to heal.
This leaves you without anything to do until you heal. You might even have to stop actively participating in certain events, work, or play certain sports. This could wear down your spirits.
The pain from your injuries and being cut off from your previous activities can qualify as pain and suffering. Your pain and suffering lawyer considers all these factors when preparing a claim. They can use them to show the effect the New Port Richey accident (and resulting injuries) had on your life.
Loss of Consortium
You can get a lawyer to file a wrongful death lawsuit against the responsible party. The lawsuit will not bring your loved one back, but it is one way of getting justice for them.
You can also file for pain and suffering on their behalf. This will cover for any hardship and emotional distress they suffered before passing. Your pain and suffering lawyer can help you file these claims and see them through.
Loss of consortium can also include loss of:
- Spousal intimacy
- Love and affection
- Parental guidance
- Household services
Proving Pain and Suffering
It is easier to prove physical pain and suffering than it is to prove its emotional counterpart. All you need to prove physical pain and suffering is evidence of your injuries, police and medical reports, and the costs of any treatments you are receiving. You can also include pictures and videos of your injuries throughout the recovery process.
On the other hand, emotional pain and suffering involve a lot more. This is because you can't really prove your emotions. Talk to your lawyer to get advice on what you can do to help your case. They will also tell you what kind of evidence you need to prove pain and suffering, and will make your case to get damages. Some of the ways you can prove the impact of your injuries and, in extension, the pain and suffering they cause, include:
- Journaling your emotions: Keep a journal of your day-to-day life and all the things affecting you. Write down everything you feel, both emotionally and physically, and whether they relate to the accident or your injuries.
- Pursuing mental health treatment: This is especially important if you have PTSD or suffer from mental anguish. You should also have proof of the treatment you pursue. This can include receipts from your therapist/psychologist.
- Evidence from your family and friends: You and your lawyer can write down or record what your loved ones think about you after the accident. Encourage them to say how it has affected you and your life has changed.
What Calculating Pain and Suffering Involves
Each pain and suffering case is different, and calculating it varies per case. Your lawyer will value your case beforehand. This creates a basis for what you can expect the insurance company to pay you. It also helps you recognize if the insurer tries to undercut you.
There are two main ways to calculate pain and suffering. These are:
The Multiplier Method
This is when your total damages are multiplied by a specific number. This number relies on the severity of your injuries. It normally falls between one and five. Your lawyer can show you how to use the multiplier method to calculate the value of your injuries.
The Per Diem Method
In this method, a specific amount is assigned to you per day. The per diem calculation starts from the day you get the injuries until you reach maximum medical improvement. This refers to when your doctor doesn't think your condition can improve any further.
Get Help from a Dolman Law Group Lawyer
Our New Port Richey lawyers will handle your case with the gravity it deserves, taking you through all the procedures. They will ensure you get the best results possible and hold your hand through it all. Call us now to learn more about how we can get you compensation for your pain and suffering.
New Port Richey Office
5924 Main St
New Port Richey, FL 34652