In a personal injury case, the victim will seek damages for many different conditions. One of these conditions will most likely be pain and suffering. Pain and suffering is defined as any physical or mental discomfort a victim suffers due to an injury or accident. The court will award damages for pain and suffering after examining evidence from your medical records and testimony. Our goal is to explain how pain and suffering is determined in a personal injury case.
Physical and Mental Pain and Suffering
In these types of cases, physical pain and suffering is defined as the bodily harm you have sustained due to the accident. An example of physical pain and suffering would be a sprained ankle or a broken arm. Mental pain and suffering is defined as any emotional distress you have suffered due to your injury. Personal injury victims will often experience physical and mental pain and suffering after an injury.
How Is It Determined
There is no hard and fast rule for determining pain and suffering. After a personal injury case goes to court, it is up to the jury to decide the amount of damages you will receive. Normally, there is a loose mathematical system in place to determine damages. Pain and suffering is determined to be one to four times the cost of medical bills as well as the other expenses incurred. Again, this isn’t a rule set in stone and the multiplier system isn’t helpful in small cases. In many instances, the jury awards damages based on the reliability of witness testimony, medical records, the plaintiff’s “likeability” and other factors.
The Insurance Company
Insurance adjusters work to ensure the insurance company pays a settlement that is favorable to them. Therefore, they will look over your case with a fine-tooth comb to find holes in your story. They will look at medical records, medical bills, photographs, and prescription records to determine if you are truly suffering. Therefore it is in your best interest to tell a medical professional about all the aches and pains you experience after an accident. Not only does this bolster your case, it also helps you to properly care for your injuries.
If you are experiencing mental anguish, it is best to seek help from a mental health professional. Mental pain and suffering is often difficult to determine because people cannot see or feel your emotions. A therapist will be able to record the emotional episodes you go through and this evidence will be presented to the insurance company.
Mitch Grissim & Associates
Our law firm will work closely with you to win your personal injury case. We will help you determine your physical and mental pain and suffering. Mike Grissim and Associates is a trusted name in personal injury litigation. We proudly serve the Nashville area and we’re always here to help you get the justice you deserve. If you have any questions regarding pain and suffering or your compensation, contact us today!
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