Readers of the Lafayette Personal Injury Law Blog who have become injured in a car accident caused by someone else’s negligence may by now be aware that they can recover financial compensation for various costs associated with the incident, including wages lost due to the injury, medical bills and property damage. They may also know financial recovery is possible for pain and suffering, but not be entirely sure of what this claim entails.
Pain and suffering is considered a noneconomic damage that can vary from person to person. It is basically a way to compensate the accident victim for what they have gone through, and gathering evidence for this can become complicated as there is no way to definitively prove it. For example, calculating the compensation required for a medical bill or vehicular damage is comparatively easier-bills can be presented that accurately state how much money was given. There are no such assessment criteria for pain and suffering.
It’s a highly subjective head to recover under, as pain and suffering may vary from person to person depending on a number of factors. Courts do consider a number of factors, including but not limited to taking into account the severity of the injury, the recovery time needed, the potential for ongoing consequences and the location or nature of any disfigurement. They may also take into account the charisma of the injured party’s attorney or the injured party themselves.
As accident victims can attest, their injuries are not only physical. The mental anguish and the emotional distress they go through are very real facets of their life and deserve to be recompensed. Having a charismatic and experienced attorney on one’s side to get compensation from the negligent party may work in one’s favor.
