Every day, thousands of people google “personal injury lawyer near me.” If you have been injured because of someone else’s carelessness, you can usually seek compensation from the at-fault party’s insurance company, by filing what’s called a third-party claim.
After establishing that the defendant is the one responsible for your injuries, you will also need to present evidence of all your losses associated with the incident. Your insurance company should compensate you for your medical expenses as well as any lost wages you incur. Additionally, the insurance company should provide you with some compensation for your general “pain and suffering.” This article discusses when an insurance company will provide compensation for pain and suffering, and how these kinds of damages are calculated.
So, what is pain and suffering? Pain and suffering is a legal term that refers to a host of injuries that a plaintiff may suffer as a result of an accident. This is not just about physical pain, but also emotional and mental injuries such as fear, insomnia, grief, worry, inconvenience and even the loss of the zest of life. In most cases, the plaintiff should be able to recover some amount for pain and suffering damages.
You’re probably wondering how you prove pain and suffering. Damages for pain and suffering are recoverable, but how are they proven? Proof of this type of injury may take many forms and the more evidence you have to support your claim, the better your chance will be of recovering an amount that you find fair.
Documentation such as photographs and personal journals that record the plaintiff’s physical and emotional feelings is necessary to prove pain and suffering. Certain circumstances that might increase or decrease your rewarded amount. For example, a permanent scar will increase the amount while a scar that will heal will be lower.
If you need help negotiating an injury claim, Douglas McGinity is there for you. Give him a call today at (985) 892-4444.