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Pain And Suffering
When someone hurts you, it’s their duty to compensate you in order to “put you back together.” This implies that the individual who inflicted damage on you is legally obligated to pay you in order to guarantee that your financial losses are not exacerbated.
Unfortunately, the expenses you incur as a result of an accident may extend far beyond medical bills and missed time at work. After an accident, you also suffer from discomfort and agony. You are entitled to compensation for this pain and suffering under Texas legislation.
When you have been injured and seek the pain and suffering compensation that you deserve, an experienced lawyer at Texas Personal Injury Lawyers can take legal action on your behalf. To learn more about how we may assist with your case, give us a call immediately at (888) 997-2148 to schedule a free consultation.
Examples Of Pain And Suffering
Let’s look at a few examples of how automobile accident victims might experience pain and suffering.
Let’s start with a more severe scenario. Assume that someone is in a vehicle accident resulting in multiple fractures and a severe concussion. That is definitely an intense situation. The claimant became distressed and enraged as a result of the injuries, had trouble sleeping, and lost interest in food. The claimant was referred to a psychologist and a therapist as a consequence of these issues. These issues are all connected to the accident and the claimant is entitled to compensation for mental suffering as a result of it.
Depression and despair can build up to the point where a person suffering from it is unable to return to work even after his or her physical injuries have healed. This victim’s depression as a result of the accident might continue long after his or her fractured bones and concussion subsided. In certain circumstances, the victim may still be able to seek compensation for mental suffering and torment, such as lost income.
Finally, let’s consider a less significant example of mental suffering and misery. Assume that someone gets in a vehicle accident and suffers from back strain. The claimant is unable to exercise for several weeks as a result of the back strain, and because of this, he or she is unable to run in a marathon that they had been training months for. The claimant is furious, frustrated, dissatisfied, and maybe even a little melancholy as a result of missing the marathon. This claimant does not require mental health care, but these effects are nonetheless considered mental pain and suffering.
Is It Worth It To Sue For Pain And Suffering Damages?
If you have been hurt and are suffering any sort of physical or emotional distress as a result of the accident, you may be able to get compensation. For example, if a defendant’s actions result in enough permanent damage to a person’s appearance (e.g., scarring from a fire), they may be eligible for compensation for pain and suffering.
As a general rule, the hurt and suffering must be genuine. So, for example, if a plaintiff lies or is unable to demonstrate that they are genuinely affected by emotional trauma as a result of the incident, it will be difficult to obtain compensation for pain and suffering.
What Is the Maximum Money You Can Sue For Pain And Suffering and Are There Any Limitations?
In general, monetary amounts for pain and suffering claims are somewhat subjective. Because there are no common standards in place, it would be difficult to establish them, especially because these sorts of damages are directly linked to the individual injury.
However, in certain jurisdictions, courts are not permitted to grant a plaintiff more than a specified amount of pain and suffering damages. For example, some state legislation restricts compensation to no more than three times the amount of actual losses. Other states may set limits on damage awards as low as $250,000 or as high as $875,000.
Another way that damages may be calculated is through insurance standards. For example, some insurance companies will apply a daily rate and will use that number to multiply it by the amount of days that the plaintiff has suffered.
The expenses of rehabilitation are determined by an objective assessment of the injuries. Other insurance companies will consider numerous elements and give a range between 1.5 and 5 in order to compute the final figure. Regardless of the technique employed, no matter how high or low, any amount over the limit set forth by a state law is illegal.
How Is Pain And Suffering Proven?
There are several reasons why you should hire a lawyer to handle your personal injury claim. Here is some evidence that may assist with proving personal injury pain and suffering claims:
- Medical bills and medical records;
- Extent of injury and the related medical diagnosis proving that it exists;
- Expert witnesses (usually medical professionals);
- The amount of time that the symptoms have persisted;
- Physical or mental limitations that have affected the plaintiff’s daily life;
- Photos of an injury; and
- Proving the pertinent details of the case that imply a request for pain and suffering damages (e.g., if a car accident was caused by an irresponsible defendant, the plaintiff must show that he or she is entitled to compensation for any resulting pain and suffering).
When Are Pain And Suffering Damages Settled?
Following the preceding section, plaintiffs may win compensation for pain and suffering damages if they can show that their case is connected to a valid claim. For example, if a defendant’s reckless driving resulted in an accident, and the plaintiff can show that he or she meet the requirements for a lawsuit, the plaintiff can seek damages for pain and suffering as a result of the accident.
Is The Experience Of Pain And Suffering Separate From Healthcare Expenses?
It’s crucial to note that, while physical pain and suffering might be comparable, they aren’t the same as medical expenses or costs. Pain and suffering damages (also known as general damages) are primarily intended to assist patients with their emotional and physical suffering.
In contrast, “compensatory damages” is the term used to describe expenses incurred as a result of an accident or injury. Compensatory damages compensate the plaintiff for all of the money they paid for medical care and other expenditures. If, for example, the plaintiff required surgery as a result of the incident, compensatory damages would cover hospital expenses and the amount of the surgery.
Sticking with the same example, pain and suffering damages would include things like if the patient was afraid to drive a car again as a result of the accident or if their injuries made them unhappy because their physical appearance was altered.
What Are Some Rules When It Comes To Suing For Pain And Suffering?
The following are some of the more general points to consider when dealing with a related lawsuit for pain and suffering damages:
- Record details about the injury, such as how long it lasted, the level of pain, and a person’s mental state prior to and after the injury.
- Present the symptoms in a clear and unambiguous manner. For example, if the pain is physical, show pharmacy receipts for medications and medical bills for pain management doctors.
- Keep track of all written documents (e.g., medical records, police reports, pay stubs that show a decrease in salary, etc.).
- Most importantly, be sure to file for these awards as soon as possible. A victim may not collect damages if the statute of limitations for pain and suffering damages has expired.
What Is A Pain And Suffering Settlement, And Are They Disputable?
It should be noted that pain and suffering damages are highly subjective, which is one of the reasons why parties may find it more beneficial to negotiate an exact amount of compensation outside of court. As a result, the parties will be able to agree on a reasonable and accurate value for the amount that the plaintiff deserves.
Because of this, most cases are resolved in a non-binding manner. As a result, unless the parties approve a settlement modification, they will be unable to change the terms or amount of compensation. On the plus side, individuals involved in settlements are generally more willing to bargain and may provide greater flexibility than if the case were taken to court.
A few examples of general pain and suffering settlements are:
- No more than $15,000 for the average auto accident;
- Anywhere between $1 million to $1.5 million for failure to diagnose cancer and other terminal diseases in medical malpractice cases; and
- The average slip and fall settlement is between $15,000 and $45,000 for total damages. Depending on the facts of the case and what method is used to calculate damages, pain and suffering will make up some portion of an amount between that range.
If a settlement is not reached, the parties may have to go to court if they can’t agree on a figure. Because it will usually be up to a jury to decide how much the plaintiff should get, this might make predicting how much the claimant will receive difficult. Also, if the parties do go to trial, the amount of compensation granted will most likely be set in stone unless the defendant can find new evidence or information that would alter the outcome of the case.
Do I Need A Lawyer If I’m Suing For Pain And Suffering?
It might be tough to obtain compensation for pain and suffering in many situations. As a result, if you want to sue for pain and suffering damages, you should speak with a local personal injury lawyer about additional legal guidance.
Working with a pain attorney can provide several advantages, including the ability to obtain advice from an expert who understands your requirements and is available to answer any concerns that arise throughout the duration of your case. Your lawyer might also assist you in gathering evidence to demonstrate damages, explain your state’s pain and suffering damage laws, and negotiate a settlement on your behalf.
Call us at (888) 997-2148 now for you free consultation.
We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.