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Pain and Suffering Compensation Explained

Pain and Suffering Compensation explained

When someone is injured as a result of the negligence of another party, they have the right to seek damages from the at fault party.  Recoverable damages include past and future medical expenses, past and future wage loss, and past and future pain, suffering, and emotional distress.  For disabling and permanent injuries, the pain and suffering aspect of the damages can be substantial, but may also be the most difficult to prove.  From the attorneys at Nelson Personal Injury, here are the facts you need to know about how to maximize the value of pain and suffering damages in personal injury cases.

What Is Pain and Suffering Compensation?

Pain and suffering damages, also known as “non-economic” damages, are available when a person has been injured due to the careless or negligence of another person.  Pain and suffering damages are meant to compensate the injured person for the disruption to their life that the accident and injuries have caused.  Typically, you will try to settle your case with the insurance company by trying to agree on fair value of your pain and suffering damages.  If an agreement cannot be reached, however, it is left to a jury to decide what is the value of your pain and suffering damages. 

Unfortunately, there is no guidebook or database that a jury can turn to determine exactly what the pain and suffering is worth for a given injury.  Because of this, it is often be difficult for juries to put exact value on pain and suffering.  However, juries are instructed to consider certain factors when determining the value of pain and suffering damages: 

  1.  The type, extent, and severity of the injuries;
  2.  How painful the injuries are;
  3. The treatment and pain involved in that treatment; 
  4. The length of time the injury or harm is likely to last.

Ultimately it is left to the jury to decide, and they will often award more in pain and suffering for severe injuries that require surgery, will be permanent, and will affect all aspects of the injured person’s life.

How to Obtain Pain and Suffering Compensation

Ensuring that you or your loved one receive the proper pain and suffering compensation is not an easy task.  Insurance companies have spent millions of dollars every year trying to convince the public at large that there are too many lawyers, too many lawsuits, and too many people “faking it,” in order to get rich.  Because of this, juries have been less likely to award pain and suffering damages to injured parties than they have been in years past. The best way to protect yourself and maximize your potential compensation is by working with a qualified personal injury attorney who can help build your case.  

Building your case includes making sure you know the full nature and extent of your injuries before trying to resolve your case, and working with your medical providers to get an opinion about the permanency of your injuries, the need for future medical care, and how the injuries will affect you in the future.  It is also crucial to provide the insurance company with a clear picture about just how your life has been affected by the accident and your injuries.  It may also be necessary to find out what the people around you would say regarding how your life has been changed by your accident.

By taking these steps, your personal injury attorney will become your advocate and ensure you are receiving fair compensation for your pain and suffering.

What To Do If You Are Wrongfully Injured

If you or a loved one has been injured as a result of the negligence of another party – whether it be in a car accident, motorcycle accident,  slip-and-fall, dog bite, or otherwise – it is crucial to work with an experienced personal injury lawyer who will ensure that you are compensated fairly for your injuries.  At Nelson Personal Injury, we work with our clients to build their case to ensure they receive the compensation they deserve for their injuries.

Don’t leave your rights and damages to the discretion of the insurance companies. Side with a personal injury attorney who will advocate for you.

Consult the Attorneys at Nelson Personal Injury

The attorneys at Nelson Personal Injury have been helping victims of wrongful injuries obtain the compensation they deserve for nearly 30 years. We understand that personal injury claims can be difficult, and we fight to ensure you are adequately protected. If your insurance company has denied your claim, or you have questions regarding an injury of you or a loved one, contact the attorneys at Nelson Personal Injury today:

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