Pain & Suffering in a Personal Injury Claim
With personal injury claims on the rise throughout the country, many individuals are working to educate themselves on the process before filing a suit of their own. With each personal injury claim being different, especially depending upon the severity of the incident and the state in which it occurred, compensatory damages will often differ vastly from case to case. And without the legal training and knowledge of Florida’s complex personal injury laws, it can be difficult for an individual to know where to start when it comes to the damages they are rightfully owed. Hiring an experienced attorney like Sun City Center personal injury lawyer, Anissa K. Morris, is an important first step to take when looking to file a personal injury claim. Considered by many as the best Sun City Center personal injury lawyer, Ms. Morris and her team at Spinner Law Firm, have been able to recoup millions in compensatory damages for their clients, for claims ranging from medical malpractice, car accidents, and wrongful death, to amusement park incidents, and traumatic brain injuries.
Generally, compensatory damages like medical bills and lost wages are easily calculated as they are simply a matter of adding up the numbers. However, when it comes to more subjective damages like pain & suffering, it can often get a bit murky and difficult to “put a number on”. According to Sun City Center personal injury lawyer, Anissa Morris, the main issues are that people experience pain differently, and there truly isn’t yet a concrete method in which medical science has been able to quantify how much pain an individual is actually in and the effect that pain would have on their daily life – both physical and emotional pain. Because of how subjective the topic of pain & suffering is especially during a personal injury claim, it is often simply determined by the injured party and their words. When attempting to determine a monetary value for compensatory damages like pain & suffering, they will often use the following factors.
· Determination of Medical Experts
The value of having an experienced attorney like Sun City Center personal injury lawyer, Anissa K. Morris, is that she and her firm will help you to acquire the services of a medical expert to testify in favor of your pain & suffering claims. This medical professional will provide their expertise and back you up on your claims of pain, through his or her diagnosis of your injuries. Their medical opinion is valued and will go a long way to swaying the courts.
· Your Own Personality
While this may or may not be fair in the legal process, it is something everyone filing a personal injury claim must content with. Juries and judges are far more likely to be sympathetic and believe your claims of pain & suffering, and maximize your settlement, if you are a likeable person and they “gel” with your personality.
Judges and juries are looking for you to be consistent and credible in your claims of pain & suffering. You must be 100% consistent and stick to the exact details throughout the process. Those looking to prove you wrong will whittle you down to the smallest details, that you may think are insignificant, but they will use them to try and disprove your claims of pain & suffering.
· Severity of Injuries
The severity of the injuries and the effects these injuries have had on your daily life, and the lives of your family and those that count on you, matters a lot. A multiplier will often be applied to your actual medical costs based on the severity of your injury claim. A broken bone is more severe than a minor strain, while a traumatic brain injury is even more severe – the more severe your injury the higher the multiplier and the more compensatory damages for pain & suffering you will receive.
The more you show how your injuries have left you unable to complete your daily tasks and live the life you previously could, the more likely you are to receive higher compensatory damages. This is an important aspect of the personal injury claim, as being quiet and silent or prideful about how your injuries have affected your personal life will not benefit you in recouping damages. Be forthcoming with your struggles and don’t be afraid to be vulnerable.
Pain & suffering is a big part of your personal injury claim damages, for more information on all matters involving personal injury law or to schedule a legal consultation with Ms. Morris, contact Spinner Law Firm today.