After an accident, a victim may experience physical pain, emotional distress or psychological trauma due to his or her injury. While a personal injury insurance claim can help compensate you for any medical expenses and lost wages, you can only obtain compensation for pain and suffering by filing a lawsuit against the at-fault party. However, these types of damages are also very subjective and difficult to monetize.
This is why it is important to get in touch with an experienced lawyer who can help you understand how to calculate pain and suffering damages so that you have a chance to recover maximum compensation for your personal injury case. The Harrisburg personal injury lawyers at our firm are ready to review your claim and determine if you may be entitled to compensation for pain and suffering during a free consultation.
Understanding Pain and Suffering
In personal injury claims, pain and suffering represents a host of injuries that a victim may suffer as a result of an accident. This can include not just physical pain and discomfort, but also emotional distress or mental anguish you have suffered after being injured in an accident. It can also include prolonged physical and mental effects that you have endured so far and will likely suffer into the future.
Examples of Pain and Suffering
Generally, pain and suffering are considered non-economic damages. These are damages that are more difficult to measure. This is often because they are less tangible than economic damages.
Some examples of pain and suffering may include:
- Other emotional disorders
- Loss of enjoyment of life
- Loss of appetite
- Lack of energy
- Mood swings
- Memory loss
- Loss of consortium
Everyone experiences pain and suffering differently, which is why the value of these damages will depend on the specifics of your case.
How an Insurance Company Calculates the Value for Pain and Suffering
Insurance companies take into account a number of factors when trying to calculate the value for pain and suffering. These include:
- The severity of your injuries
- The overall pain and discomfort associated with your injuries
- The injury’s impact on your life, job and relationships
- How much medical treatment was required to treat your injuries
- The length of time it takes for your injuries to heal
- Future care, additional therapy, medications and surgeries required to treat your injuries
No two personal injury claims are the same. Our attorneys will look for common factors to determine if you may be able to obtain compensation for pain and suffering.
Documenting and Proving Your Pain and Suffering
You will need to carefully document both your physical and mental pain and suffering if you want to receive compensation. There are several types of documentation that can help support your claim for compensation. This includes photographs that show the extent of your injury and a personal injury journal that records your physical and emotional issues after the accident.
Your medical records can also provide support for a claim for emotional and psychological damage. A professional, such as a psychiatrist or a physician, can supply paperwork that corroborates the pain and suffering you have experienced. Written or oral testimony from friends and family can also be beneficial. Even your own written or oral testimony to your pain and suffering can be strong evidence.
Contact Us Now for a Free Consultation
To find out more about the compensation you may be entitled to after an accident, contact Schmidt Kramer for a free consultation. We can review the specific circumstances surrounding your claim and investigate the matter to determine the full amount of possible compensation. If you have a case, we can aid you in pursuing justice, and we can communicate with the insurance company on your behalf.
Because we work on a contingency fee basis, we do not receive payment for your case unless we are successful, so there is no risk to you.
Contact us today at (717) 888-8888 to schedule a free case evaluation.