Lawyers typically describe pain and suffering as a non-economic loss when they file an insurance claim. Pain and suffering usually comprise different injuries that can arise from accidents. Besides physical damage, pain and suffering could also extend to mental and emotional injuries like insomnia, suffering, or fear.
The plaintiff can also raise a case to receive compensation for damages associated with pain and suffering during injury cases. Expert testimony from certified medics comes in handy when your legal team works to prove your pain and suffering.
Our lawyers at Pacific West Injury Law have years of experience handling these cases and can deliver unmatched legal support to help you through this time. Count on us to help you get the best possible legal solutions. Contact us today!
What Do You Need to Prove Pain and Suffering?
Proof of pain and suffering usually takes different forms. Essentially, if you provide more evidence to support your claim, you increase your chances of getting satisfactory compensation. Providing necessary documentation helps to boost your claim.
Personal journals highlighting your emotional feelings and photographs showing your injuries could be an excellent place to begin. You could also ask family and friends to provide documentation further highlighting your pain and suffering. If your injuries resulted in depression, you might need a report from a mental health professional.
Helpful Documents to Gather
Our lawyers can use different documents to prove the existence of your pain and suffering, including:
- Medical records
- Medical bills
- Psychiatric records
- Expert testimony
- Medical prognosis
You could also opt for an objective comparison that indicates how your usual way of life has changed since you got injured. Outline your daily activities before the injury and how you have responded mentally and emotionally to the injury. Determine if you freely engage in activities that excited you before your injury and how the injury has affected your work routines.
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What Do Non-Economic Damages Entail?
It is essential to understand how the law describes pain and suffering resulting from an injury that a second party causes. Las Vegas laws define pain and suffering as the damage that includes:
- Physical deformities
- Physical impairments
- Disruptions to your usual way of life
Another person’s negligence or recklessness can result in injuries, causing pain and suffering in the long run. Catastrophic injuries from accidents also fall under this category. Such injuries include:
- Severely injured limb amputation
- Severe burns
- Forced infertility
- Injuries causing loss of sight
These injuries can qualify as pain and suffering, given that they affect your way of life. In certain instances, pain and suffering could also include the effects of long-term suffering. Ensure that you share detailed medical records concerning your injury with your legal team. These records should indicate what caused your damage and how long you’ll need to recover from the injury.
How Can You Calculate Loss in a Personal Injury Claim?
Different personal injury cases come with unique circumstances. Expert lawyers can help you value your claim and ensure that you receive worthy compensation for your injury. Monetary awards from successful claims fall into different categories, including:
- Economic losses from loss of income
- Non-economic losses from pain and suffering or physical disabilities
- Punitive damages when someone knowingly causes you harm
Ideally, your lawyer will need adequate evidence to prove that someone else’s actions caused an injury that resulted in pain and suffering. Afterward, they’ll need to assign a monetary value to your pain and suffering and include this on your compensation claim.
The per diem or per day method is popular when determining pain and suffering compensation. In this instance, your lawyer will analyze how much you lost every day due to the injury. Alternatively, you could use the multiplier method for this purpose. Depending on your injury’s severity, your lawyer selects a value between one and five, then multiplies your damages with this value.
How Can You File a Claim for Pain and Suffering?
Typically, filing insurance claims takes time. Work with your lawyer to gather evidence for your claim. You will need various documents, including incident reports, police records, medical bills, and records. Upon request, you could also provide your income statements at the time of the incident.
Your lawyer can also source credible witnesses to boost your case. Talk to willing individuals who witnessed the incident to provide their testimony. Get in touch with our expert lawyers immediately you attend to your medical needs. We will help you build a solid case and support you in finding the best compensation for your case.
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How Do Insurance Companies Analyze Pain and Suffering?
Whenever you get injured due to someone’s carelessness, you can seek compensation from their insurance provider. Once your lawyer has determined the extent of your damage, they’ll negotiate with your offender’s insurance company for your payment. The evidence you gathered will prove decisive when the compensation negotiations begin. The insurance company should pay you for the medical expenses and any lost wages.
However, it is essential to remember that the insurance company is not obligated to use the methods above to determine the value of your claim. Most insurance providers prefer using specific software to determine this value. These programs often consider both the injury and the treatment required. Some insurance providers may deem injuries that require a physician’s attention more severe than those that only need the attention of a chiropractor.
Work with Expert Attorneys to Strengthen your Claim
Our seasoned attorneys at Pacific West Injury Law have the technical expertise you need to boost your pain and suffering compensation claim. We will help you prove all the relevant elements of your case, improving the chances of a successful claim. Count on us to verify your pain and suffering and assign a reasonable monetary value to your claim.