If you have suffered a personal injury, you may be able to receive damages for pain and suffering. The term “pain and suffering” encompasses the physical pain, inconvenience, and emotional distress that a person must endure after sustaining an injury.
In addition to pain and suffering damages, a personal injury plaintiff may also be able to recover compensation for one or more of the following:
- Medical and physical therapy bills
- Lost wages
- Diminished earning capacity
- Emotional distress
- Mental anguish
- Loss of consortium or spousal support
It is important to note that pain and suffering levels vary from one personal injury plaintiff to another, due, in part, to the nature and extent of the injuries sustained in the accident. For example, the level of pain and suffering associated with a mild, soft-tissue back injury will be much lower than that associated with a traumatic brain injury, fracture, permanent scar, or chronic back injury.
Seeking Immediate Medical Treatment
After you have been involved in an accident, it is essential that you seek immediate medical treatment for your injuries. This is because a personal injury damage claim cannot be based upon pain and suffering alone. Rather, there must ordinarily be some verifiable evidence of physical injuries, such as medical records and/or medical bills.
If you fail to seek immediate and consistent medical care and treatment following your accident, the insurance company will likely allege that you were not injured at all – or that you were not injured to the extent that you may be claiming.
The Value of a Pain and Suffering Claim
The value of a personal injury claim for pain and suffering varies from plaintiff to plaintiff and from case to case. Some factors that juries often consider when placing a value on a damage claim for pain and suffering include the following:
- The opinion or opinions provided by an expert medical witness who objectively evaluates the extent of your injuries (i.e. by reviewing your medical charts and his or her objective findings)
- The nature and extent of the injuries that you suffered in the accident, as well as the amount of time that it will take you to reach a level of maximum medical improvement
- Medical reports from your prescribing doctor – especially in cases of anxiety, depression, and post-traumatic stress disorder (PTSD) – along with the medications that you are currently taking
- Your age, sex, and position in life, and estimated recovery time
- Whether your quality of life and activity level has been impacted by the injuries you sustained
- Whether you will have potential work limitations
- If you will have potential limitations on your daily activities
Contact a San Antonio Pain and Suffering Auto Accident Attorney Today to Discuss Your Case
It is important to note that insurance companies vigorously defend pain and suffering claims and will do everything in their power to reduce the amount of monetary compensation you receive in the way of pain and suffering damages.
A Texas auto accident lawyer will be able to represent you throughout the settlement negotiation and litigation processes and present your claim for pain and suffering in the best possible light. Contact Brylak Law by calling 866-496-3815 for a free initial consultation.