When personal injury claims arise from a car accident or another type of negligence, a common question from the injured party is whether they can get personal injury pain and suffering. Victims also want to know whether pain and suffering damages are limited as they seek fair compensation on their personal injury claim.
In personal injury lawsuits, proving pain and suffering is vital for a personal injury settlement. Ideally, if you are in this scenario, it is wise to discuss the unique factors of your pain and suffering case with a Wisconsin personal injury lawyer to determine if you are eligible for a pain and suffering award.
Gingras, Thomsen & Wachs is a law firm that is devoted to protecting the legal rights of injury victims. In this blog post, we discuss pain and suffering as well as the limits that could arise in your personal injury case. You’ll also learn how personal injury attorneys can help you recover compensation for the mental trauma you have endured as a result of someone else’s negligence.
Understanding How Pain and Suffering Differs from Physical Pain
Physical pain differs from pain and suffering in that it only examines the actual physical injuries resulting from an accident. Pain and suffering includes the mental and emotional pain brought about from the physical injury.
In order to seek compensation for pain and suffering, an injury victim must prove that they have incurred economic damages and non-economic damages from the event. Medical records are typically one of the most integral forms of evidence when seeking economic damages and non-economic damages as treatments can prove the existence of pain and suffering.
When Can You Get Pain and Suffering Damages?
After a serious accident, it is only reasonable to wonder if you qualify for seeking damages for your emotional suffering caused by the at-fault party. When bodily injury and mental suffering converge, you must be able to prove all elements of negligence in your lawsuit.
Personal injury cases cannot move forward without satisfying all four of these elements. An experienced personal injury lawyer can help meet these metrics and show that your severe injuries and emotional trauma should be compensated.
First, your lawyer will need to show that the defendant owed you a duty of care. For example, when you are driving, you and every other driver on the road owe one another a duty to drive responsibly and follow traffic laws. If you are an accident victim, you will then need to prove that the other driver breached this duty in some way, such as by texting and driving. You must then prove that the breach caused you harm, which may be both physical and emotional, leaving you with financial losses and other damages.
Pain and Suffering Calculations
In order to calculate pain and suffering, your lawyer will need to assess your case. Calculating pain and suffering first requires understanding your accident and examining the evidence.
Generally, the first thing to consider are all medical expenses which would include all medical bills for each medical treatment you have received. Medical bills for treatments targeting your emotional distress as well as any permanent injuries will also be considered when determining an appropriate pain and suffering amount.
In order to prove pain and suffering, an injured victim will likely need to present property damage expenses down to the dollar amount, evidence of lost wages, and photos or videos of their injuries. If the at-fault party’s insurance company refuses to pay a reasonable value for your case, your attorney will likely consider filing a lawsuit on your behalf to help you get the full amount of compensation you deserve.
Pain and Suffering Compensation Limits
Since state laws vary widely, you may wonder if there is a limit on pain and suffering damages. Fortunately, in the state of Wisconsin, an injured person will not be limited on their pain and suffering claims except in cases involving medical malpractice, which places a cap of $750,000 on pain and suffering damages.
Determining pain and suffering along with medical bills, loss of enjoyment of life, and other factors is best with the assistance of an experienced attorney. While there is no law that states you must have legal counsel in these cases, the insurance company will likely try to assign partial blame to you for your injuries, thereby reducing your settlement. Even worse, they may find ways to fully deny your claim, leaving you stuck with the expenses caused by the at-fault party.
How an Experienced Personal Injury Attorney Can Help with Your Pain and Suffering Claim
When you have a pain and suffering claim, you should not proceed without competent legal counsel. While you may easily be able to determine the extent of your tangible losses through bills and receipts, it is not simple to calculate the far-reaching impacts of your pain and suffering.
You will likely need future care for your medical needs, and when injuries are permanent, they can make it difficult to perform essential everyday tasks. Ultimately, you will benefit from having a lawyer advocate on your behalf by calculating the full extent of all your damages and negotiating for the fair amount you deserve after this ordeal.
Gingras, Thomsen & Wachs understands how to effectively negotiate your settlement while preparing for trial from the start. In this way, you will have a strong case that proves the defendant breached their duty and left you with injuries and damages through no fault of your own. Attempting to do all of these things yourself when you should be focused on your physical and mental health can delay your progress in recovery and cause unnecessary stress.
You can schedule a free consultation to discuss the factors of your case and determine the best course of action for seeking pain and suffering as part of your compensation.
