What is Considered Pain and Suffering in a Personal Injury Case?
If you have ever been in an accident, you know that it not only affects you financially (such as with medical bills and lost wages) but it can also impact you psychologically. After an accident, you may be wondering how to hold the negligent party responsible for all of the economic and non-economic damages you have accrued. If you are seeking compensation for pain and suffering in your personal injury case, the attorneys at the San Antonio office of Carabin Shaw can help you. At Carabin Shaw we can clear up any confusion and answer questions such as, “What is considered pain and suffering in a personal injury case?”What is “Pain and Suffering”?
Pain and suffering is a legal term that refers to a variety of injuries that not only encompass physical pain, but also emotional and mental pain. This can include:
- Loss of enjoyment of life
Significant mental pain and suffering may include:
- Post traumatic stress disorder (PTSD)
- Loss of appetite
- Lack of energy
- Mood swings
- Sexual dysfunction.
Your San Antonio accident attorney will calculate pain and suffering using one of two methods. The first method is the multiplier method. Your lawyer will multiply your actual damages (such as medical bills) by a certain number, usually between 1.5 and 5, depending on the severity of your accident. The second method attorneys use is the per diem approach. With this method, a certain amount is assigned to each day from the day of the accident until you are fully recovered.
In some instances, such as car accidents, the negligent party’s insurance company will compensate you for your pain and suffering. But most times, the insurance company will try to get away with paying you with as little as possible. This is why it is important to have a San Antonio personal injury attorney that can fight to get you the compensation that is rightfully yours.
If you are wondering what is considered pain and suffering in a personal injury case, call our San Antonio personal injury law firm to talk about the details of your accident.How to Prove Pain and Suffering
The more evidence you have to support your personal injury case, the better your chance is at recovering an amount that is proportional to your pain and suffering.
It is important to bring in all the evidence you have from the accident. The following can make a major difference in your case:
- Personal journals that record your emotional and physical state
- Documentation from friends and family that can provide additional evidence as to how your injury has affected your quality of life.
- Medical records from mental health professional
- Medications used for mental health
Providing this evidence will build a strong personal injury case for you and your lawyer. If your quality of life has drastically changed after an accident, we want to fight to get you all the compensation that is rightfully yours.
If you have been in an accident that resulted in pain and suffering, it can sometimes get so bad that it may prevent you from returning to work or enjoying your hobbies, even after your injuries are healed. With the help of a San Antonio accident attorney, you may be able to claim damages such as lost income due to pain and suffering.Carabin Shaw is a San Antonio personal injury law firm you can trust with your Personal Injury Case
Our team of San Antonio personal injury attorney is dedicated to getting you the compensation you deserve for your pain and suffering. You do not have to suffer. If you or a loved one in the San Antonio area want to pursue damages after an accident, call us today at 210-222-2288 for a free initial consultation.