What is Pain and Suffering in a Personal Injury Claim? – Personal Injury Legal Blogs Posted by Michael John Tario
Personal injury claims are made to hold the negligent party accountable for the damage they caused. Pain and suffering are part of the compensation that is provided in a personal injury claim. But what is it? Pain and suffering is the legal term for the physical and emotional stress caused by injury. It is a non-economic loss that deserves financial compensation.
Some damages that fall under the pain and suffering part of a personal injury are:
• Loss of joy or disturbance in the way you normally live your life
• Temporary or lifelong restrictions on activity
• Loss of ability to communicate effectively
• Loss of vision
• Debilitating physical impairments or disabilities such as paralysis
• Mental and emotional stress
• Pain and Chronic Pain
• Physical deformities or disfigurements such as severe scarring or loss of a limb
• Forced sterility or loss of reproductive organs
• Shortened service life
How are pain and suffering proven in a personal injury claim?
If the claim is successful, your personal injury attorney will ensure compensation for pain and suffering by proving that you have suffered. To prove that you have endured or continue to endure pain and suffering, the accident attorney collects relevant information, including:
• Medical diagnoses
• Medical bills
• Medical records
• Pictures of injuries
• Records of mental health care
• Testimony from medical experts as needed
How are pain and suffering calculated?
The law not only proves pain and suffering, but also requires that it be assigned a value. A personal injury attorney can accurately determine the value of your claim based on your injuries. If you were partially responsible for the accident, if the vehicle was not damaged, or if the injuries were minor, you can assume that the insurance provider will reduce your range of pain and suffering. The injury attorney will also consider an area of settlement that is most likely to be offered in negotiation or in a jury award. This information gives the plaintiff a good idea of what compensation to expect for their pain and fair offer.
One of the many benefits of hiring a personal injury attorney for personal injury assistance is it can help calculate a dollar value for your pain and suffering.
Is there a time limit to recovery from pain and suffering?
Yes, personal injury claims are subject to a “limitation period” which limits the time at which a claim for damages can be asserted. If a lawsuit is brought after the deadline, the judge can reject the action. In Washington State, most claims for damages have a three-year statute of limitations, but there is an exception for minors who are 18 years of age or older to file a claim.
There are also practical reasons to contact a lawyer as soon as possible:
• Filing an insurance claim or personal injury lawsuit takes time.
• The further you are from the accident, the harder it is to remember details or to keep an eye on witnesses.
Seek the help of a personal injury attorney
If you or a loved one has been injured as a result of someone else’s negligence, contact a personal injury attorney to discuss your legal rights. Let a skilled accident attorney fight for the full compensation you deserve. It is not uncommon for the insurance company to receive a severance payment five to ten times greater with the help of a lawyer. Call the Personal Injury Attorneys at Tario & Associates, PS in Bellingham, WA for a FREE consultation! We have represented residents of Whatcom Counties, Skagit Counties, Island Counties, and Snohomish Counties since 1979. You pay nothing in advance and no legal fees unless we claim damages for you!