Accident victims suffer more than physical injuries; they also endure emotional pain and suffering that could take weeks, months, or even years to heal. Pain and suffering can stem from one's inability to participate in activities that once brought joy and pleasure.
If you've recently been injured in a car collision, slip and fall, or another type of accident due to someone else's negligence, you may be entitled to recover compensation for all damages incurred, including pain and suffering. A Doral pain and suffering lawyer with Dolman Law Group can help you with navigating the entire claim process.
How Can a Doral Pain and Suffering Lawyer at Our Firm Help?
After an accident, the liable party's insurance company will likely reach out to you and offer a settlement. However, before accepting such a settlement from them, you may want to speak to a lawyer. In many cases, insurance companies settle claims for less than the rightful compensation it would have offered victims if a lawyer represented them.
Since the insurance company's priority is to safeguard its bottom line by paying low settlements, it may try to devalue your pain and suffering. An adjuster may even claim that prior injuries caused your condition or you were liable for the accident. Therefore, it's helpful to have a lawyer who understands how pain and suffering damages are calculated and to prove your right to compensation.
A Doral pain and suffering lawyer on our team will do the following to help your case:
- Conduct a thorough investigation to prove liability
- Help you determine what qualifies as pain and suffering in your case
- File a pain and suffering claim on your behalf
- Present sufficient evidence to prove your pain and suffering
- Handle all communications and paperwork between you and the at-fault party's insurance company
- Negotiate a fair settlement with the insurance adjusters on your behalf
- Represent you in a court trial if necessary
What Qualifies as Pain and Suffering Damages?
Pain and suffering refers to any distress, discomfort, anguish, and trauma associated with injuries sustained following an accident. These damages are non-economic and meant to compensate accident victims for any pain they've had to endure due to the accident. Generally, pain and suffering is categorized into two groups: physical and emotional.
Physical Pain and Suffering
Many accidents result in painful physical injuries that could take weeks or even months to heal. Sometimes, the pain resulting from these injuries can even be permanent, making a victim's life even harder. According to the National Institute of Neurological Disorders and Stroke (NINDS), chronic pain could last for weeks, months, or even years.
Here are some physical injuries that may qualify as pain and suffering:
- Back pain
- Skin tissue damage
- Broken bones
- Dislocated joints
- Traumatic brain injury (TBI)
- Spinal cord injuries
- Nerve damage
- Pulled or sprained muscles
- Internal organ damage
- Neck pain
Emotional Pain and Suffering
Emotional pain and suffering refers to the mental and psychological distress one endures due to injuries sustained in an accident. Sometimes, this kind of pain and suffering can last for a long time and cause unfathomable damage to the accident victim.
Here are some examples of emotional pain and suffering:
- Psychological trauma
- Diminished life quality
- Post-traumatic stress disorder (PTSD)
- Cognitive changes
Can Dependents Recover Pain and Suffering Damages?
Yes. Sometimes accidents are so severe that they result in death. When this happens, the surviving dependents of the victims may file a wrongful death claim to hold all the negligent parties responsible and recover financial compensation for medical bills, lost wages, and even loss of consortium.
Loss of consortium is best described as the pain and suffering that people undergo after the death of a spouse. Some examples of loss of consortium include:
- Love and affection
- Moral support
- Parental guidance
- Household services
- Spousal intimacy
Calculating Pain and Suffering Damages
Every accident is unique, meaning the calculations for pain and suffering will mainly depend on the case's specifics. However, most insurance companies and lawyers usually use certain formulas to give them an idea of what a case may be worth.
Here are some different ways your lawyer may use to calculate your pain and suffering damages:
The Multiplier Method
One way of calculating your pain and suffering is by multiplying the economic damages you incurred following the accident (medical bills, property damage, lost wages, etc.) by a number between 1.5 and 5, depending on the severity of your injuries.
For instance, if a victim incurs $20,000 worth of actual damages, they may expect to recover $50,000 for pain and suffering based on a 2.5 multiplier.
The Per Diem Method
Using this formula, a dollar amount is assigned to every day the victim has to tend to their injuries until they make a full medical recovery. This refers to the point when the healthcare provider doesn't expect the patient's condition to continue improving.
Before you start negotiations with the insurance company, you want to know what amount of settlement you may be willing to accept.
How to Prove Pain and Suffering
You need to prove your condition to recover compensation. Some evidence you may present during the case to prove pain and suffering include:
- Medical records
- Photos of your injuries
- An expert's testimony
- Personal journals that explain your pain and suffering
- Affidavits from family and friends
Contact Dolman Law Group Today for a Free Case Review
If you're planning to pursue pain and suffering damages following an accident, it would be beneficial to enlist a Doral pain and suffering lawyer on our team for legal support. At Dolman Law Group, our team is ready to help you build a strong case against the liable parties and get you the maximum compensation possible. Call us today for a free consultation.
Dolman Law Group Accident Injury Lawyers, PA
8400 NW 36th St Suite 450
Doral, FL 33166