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Personal Injury - Understanding Pain and Suffering Damages
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Personal Injury - Understanding Pain and Suffering Damages
11 Oct, 2016
When you file a Personal Injury claim, you usually intend to receive financial compensation from the party at fault or the insurance company. You likely want to recoup medical expenses or make up the pay you lost from missing work. Determining...
When you file a Personal Injury claim, you usually intend to receive financial compensation from the party at fault or the insurance company. You likely want to recoup medical expenses or make up the pay you lost from missing work. Determining the amount of money to ask for in your claim is fairly straightforward when you can show your medical bills, but other forms of compensation are not as easily calculated.
Individuals filing a personal injury claim often request compensation for pain and suffering, as well as clear economic damages. If you've recently suffered an injury, you have likely felt anxiety, stress, or depression due to the nature of the injury and the process of receiving treatment and compensation.
Your medical bills won't reflect the emotional distress you continue to feel after you leave the hospital, but you deserve compensation for your lowered quality of life. Fortunately, your personal injury lawyer can help you figure out how to prove you need compensation for your pain and suffering and how to calculate the amount to ask for.
Below, we've provided some information about pain and suffering so you can work with your attorney to achieve the best outcome possible.
Proving Emotional Distress
Legally, "pain and suffering" refers both to physical pain and emotional or mental suffering, neither of which a jury or insurance agent can actually see. You can show your cast or a photo of your damaged car to indicate the physical effects of an accident, but you'll need to use other means to prove emotional distress.
Giving evidence of a physical injury generally proves that you are experiencing physical pain and suffering due to the incident. Juries can easily see and understand that a broken limb or severe burn causes pain. To prove emotional suffering, you will need to explain how the injury has negatively impacted your life.
One way to prove emotional distress, whether or not you have a visible injury, is to provide clear examples of how your behavior or quality of life has changed since the accident. For example, if you are filing on behalf of an elderly loved one who experienced emotional harassment in a nursing home, explain how you watched them grow unhappy, fearful, or closed off over time.
After any accident, make notes of your daily activities from before the incident and explain how your physical or mental injury prevents you from completing those activities now. For instance, if you were dedicated to your physical health prior to the accident but can no longer exercise, you can show you are limited in the pleasure you can obtain in life.
Furthermore, proving that the incident was extremely traumatic, that the mental anguish experienced was intense, or that the suffering has lasted for an extended period of time will help your claim. An injury that leads to severe medical complications, such as an infected dog bite or a brain injury, will cause more emotional distress, in most cases.
Additionally, any accident that causes a wrongful death is likely to receive compensation for emotional distress since the loss of a loved one will be felt for the rest of the claimant's life.
To provide further justification for your claim, consider visiting a psychiatrist or therapist. They are trained to evaluate mental health and can vouch for the development of such emotional injuries as depression, anxiety, or PTSD. Not only will you receive treatment for the emotional distress, but you will have a professional opinion to back up your claim.
Include any medications your doctors prescribed as part of your claim as well. Taking an anti-depressant or prescription pain medication is a clear indication of pain and suffering.
Receiving Compensation
Calculating compensation for a non-economic emotional or physical injury is difficult, so lawyers and insurance adjusters must find ways to quantify emotional distress.
When your lawyer begins to figure out how much compensation to ask for, they will usually look at verdicts and settlements for cases similar to yours. They will get an idea of what juries or insurance adjusters will likely award you for your emotional distress.
For the most part, pain and suffering is calculated by taking the amount of your economic damages (including medical treatments and lost income) and multiplying it by 1 to 5. The lawyer determines what multiplier to use by taking into account the severity of the accident and its effect on you, your age and life expectancy, the long-term effects of the accident, and the change in your quality of life.
If you're experiencing physical pain or emotional distress due to an injury or accident, come meet with one of the attorneys at Lawyer, Lawyer, Dutton & Drake L.L.P. for a free consultation. We can help you figure out whether you have a case and how much compensation you're entitled to.
Injured in a crash caused by an uninsured driver in Des Moines, IA? You may still recover damages with uninsured motorist (UM) coverage. LLDDC Law’s auto injury attorneys can help you navigate your claim and secure the compensation you deserve. Call for a free consultation—no fee unless we win!
Workplace fatalities are tragic and raise many questions for surviving family members about eligibility and the types of benefits available. If the death arose out of and occurred during the course of employment, there are three primary categories of benefits under workers' compensation laws. 1. Weekly Compensation for Dependents Surviving spouses and minor children are typically eligible for weekly compensation. Key points include: • For the spouse: Payments can continue for life unless the spouse remarries. Upon remarriage, the spouse may receive two years of benefits as a lump sum, ending further payments. • For minor children: Payments end when the child turns 18 unless the child is physically or mentally incapacitated or enrolled in full-time accredited education. • Lump-sum payments: While benefits can be taken as a lump sum, these are often heavily discounted and may not be advisable. 2. Medical Expenses If the worker survives for a period before passing, the employer is responsible for: • All reasonable medical expenses incurred due to the injury. • Healing period payments owed prior to the worker's death. 3. Burial Expenses Workers' compensation provides come coverage for burial costs. This benefit helps ease the financial burden during an already difficult time. Additional Consideration: Third-Party Claims If the death was caused by the negligence of a person or company other than the employer, surviving family members may also pursue a personal injury claim in addition to workers' compensation benefits. Final Thoughts Navigating workers' compensation after a workplace death can be overwhelming. Understanding the benefits available—from weekly compensation to burial expenses—can help surviving families secure the support they need. Consulting with an experienced workers' compensation attorney at LLDDC Law can ensure you receive the full benefits to which you are entitled.
Injured in an accident? Full disclosure of prior medical conditions is vital to your case. Learn how transparency protects your claim. Contact our experienced personal injury lawyers in Des Moines, IA, for a free consultation!
Struggling with medical bills after a car accident? Learn how to manage costs, protect your credit, and leverage health insurance or MedPay. Contact our experienced auto injury attorneys in Des Moines for a free consultation today!
Injured in an icy road accident in West Des Moines or in the state of Iowa? Our experienced accident attorneys explain why the “Act of God” defense often fails and how Iowa law holds drivers accountable. Contact us for a free consultation today!
If you or a loved one has experienced a catastrophic injury, navigating insurance claims and mounting medical bills can feel overwhelming. At Lawyer Lawyer Dutton Drake & Conklin, our experienced injury attorneys are here to provide the guidance and advocacy you need. We fight for injured Iowans—not the insurance companies. Contact us today for a free consultation and let us help you focus on recovery.
In the aftermath of a car accident, navigating the world of insurance can be overwhelming, especially when the negligent driver has inadequate coverage. This often leads clients to wonder: are there other avenues for compensation? The answer lies in the concept of vicarious liability, a legal principle that can open up additional insurance resources. Call LLDDC Law at 515-224-4400, Iowa's Injury Lawyers.
After an accident, gathering evidence quickly is crucial to the case. As the burden of proof falls on the injured party, relying solely on insurance companies or law enforcement to collect evidence can harm your chances of receiving fair compensation.
When you’ve been involved in an automobile accident in Des Moines, IA, especially one that leads to injury, the first few days can feel overwhelming. Between hospital visits, insurance calls, and dealing with the aftermath of the event, it’s easy to feel lost. However, prompt investigation of the incident is crucial—both for the injured party and for the overall strength of any future claim. One of the most common questions people ask in the early stages of a personal injury claim is: "What should I do now?
18 May, 2016 While most Iowans head for the AC when the heat is on, construction workers must labor outside in conditions that can hit a whopping 110 degrees. Just look at the heat index from last summer. Things are looking just as... While most Iowans head for the AC when the heat is on, construction workers must labor outside in conditions that can hit a whopping 110 degrees. Just look at the heat index from last summer. Things are looking just as hot this summer. The Des Moines Register reports, "NASA scientists and others said that there's a good chance that this year will pass 2015 as the hottest year on record ." If you allow your body to overheat, you can suffer from various heat-related illnesses, including a fatal heat stroke. So what can construction workers do to stay safe under the beating rays this summer? Water, rest and shade Drinking water is the most important thing you can do to fight the heat. One rule of thumb: drink four cups of water every hour. Moreover, taking frequent breaks from the heat will prevent the body from overheating. Strenuous tasks should be accomplished early in the morning or later in the shift when the sun is not overbearing. Seek shade for these breaks. If natural shade is not available, opt for portable shade, such tents or umbrellas. Know the signs Heat exhaustion is overpowering and can threaten your health. When you are at work under the heat, be cautious of these signs : Dizziness, fainting or headaches Wet skin and weakness Confusion or irritability Nausea, vomiting or thirst The more egregious symptoms associated with heat stroke include: Seizures Collapsing Fainting Foggy thinking Get help right away If you suspect you are suffering from a heat-related illness at work, move to shade and remove outer clothing. A fan, mist, water and ice may help alleviate any symptoms. It also helps to drink cold water. More important, call a supervisor for help and seek immediate medical attention. Generally, you can secure workers' compensation benefits for most work injuries, including heat-related illnesses. To qualify for benefits, the injury must be caused by or aggravated by your work responsibilities or the condition of your workplace. If the overwhelming circumstances of your sweltering work environment have compromised your health, speak to a lawyer about work injury benefits.
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