If you have been in an collision that you believe was as a result of someone else’s fault or carelessness, you may be entitled to compensation. The main aim of the compensation is to get you back into the position you would have been if the injury had not occurred. Naturally there are times where a person who is injured will never be the same and that’s why it is so important to pursue compensation in those cases. There are different types of damages for which you can claim compensation, one of them is pain and suffering. This blog post discusses what everybody should know about pain and suffering damages in injury cases.

What is pain and suffering?

Damages resulting from an injury claim will be categorized into economic and non-economic damages. While economic damages are awarded as a direct result of your financial loss, non-economic damages are those where it is not easy to point to the specific financial cost. Pain and suffering are considered part of non-economic damages and refers to the emotional distress, physical pain and psychological damages as a result of an injury. These pain and suffering damages are something you often cannot see when the injuries are of a “soft or connective tissue” nature. It is much easier to recognize the extent of the injury when someone is in a cast, there is a broken bone, or perhaps severe burns. A photo of your damaged car is often used to indicate the physical effects of a collision. You may also need medical records from a psychiatrist or therapist to show emotional distress damages, and it is important to show examples of how your quality of life and activities have changed since the collision.

After any collision, it is a good idea to make notes addressed to your lawyer of your daily activities from before the incident, and explain how your physical and/or mental injuries prevent you from participating in those activities after the collision. For instance, if you exercised a lot prior to the collision, but can no longer exercise, you can show you are limited in the pleasure you obtained previously in life. But don’t exaggerate. The defense lawyer and the insurance company will investigate whether your are telling the truth about the changes in your life. Be sure to keep track of all medications and anti-depressants because those are often a clear indication of pain and suffering

How a personal injury lawyer can help you seek compensation

While it is possible to claim compensation without a lawyer, hiring an experienced personal injury lawyer will increase your chances of getting fair compensation. Your lawyer will help you collect the relevant evidence, gather witness and expert statements, negotiate with the insurance company on your behalf, represent you in court if necessary and ensure that your legal rights and interests are protected. This will help to make your case strong, effectively increasing the possibility of having a successful claim. Working with a lawyer will also give you the time and peace of mind, you need to make a full recovery.

When to hire a personal injury lawyer

It is advisable to hire a lawyer before making a claim with the insurance company. This is because proving damages related to pain and suffering as well as arriving at a demand or settlement amount for your injuries can be a challenge. Hiring a lawyer is even important if your case involves minor injuries. In such cases, a lawyer will help you get adequate compensation for pain and suffering because the insurance company is almost always skeptical of injury claims in minor cases.

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We encourage you to contact us if you have been injured in a collision and you have experienced pain and suffering. Please contact us now to set up a free case evaluation.