Most accident victims recognize that personal injuries do not include only physical ailments. In many cases, the suffering extends past the victim’s body, but into their mind and heart. There can be severe psychological and emotional consequences of incidents such as car accidents and other such incidents, and in each case, you have the right to pursue legal action for them. There are several effects to be aware of that can have a dramatic effect on your life, and you should not be the one paying the expenses for your pain and suffering. Here is what to know about filing a claim to ensure that you don’t cover these losses yourself.
What is Pain and Suffering?
When people think of “damages” after an accident, the main things that come to mind are physical injuries and property damage. Although those are exceedingly common, they are not the only forms of damages a victim can experience. Many more factors can lead to increased pain and discomfort of those who have suffered as a result of someone else’s negligence. Examples of these factors include:
- A shortened lifespan.
- The inability to do or enjoy activities that you once participated in before your injury.
- Psychological trauma, expressed in the inability to or extreme discomfort with work or participating in old hobbies.
- Conditions that may result in such feelings are post-traumatic stress disorder (PTSD) or minor/major depressive disorder (MDD).
- Loss of interest in sexual activities
- Insomnia
- Severely reduced levels of productivity
- Significantly altered appetite
- Humiliation, what many victims feel when their injuries result in significant disfigurement or extensive scarring.
Keep in mind that although they are not the only cases representative of these types of damages, physical injuries are still included in this category of “pain and suffering.” Because of this, insurers might offer limited compensation under bodily injury liability. Unfortunately, these cases often exceed this policy, so you may need to pursue legal action.
Filing a Claim for Pain and Suffering
One of the most challenging aspects of filing a personal injury claim is knowing how much to demand in compensation. Since these are not concrete conditions that can be treated with entirely billable methods, it’s best to adhere to these guidelines when developing your case:
- Consider all damages incurred. These costs will be your baseline. This includes:
- Property damage repairs
- Medical expenses (including psychiatric counseling)
- Lost wages
- Measure the extent of pain and suffering. Do this by assigning a number to the intangible harm inflicted upon you. The number should fall between 1 and 5. (It’s okay if this step feels difficult for you. That is normal!)
- Multiply your baseline total by your rating. If the sum of your expenses from Step 1 equate to $20,000, and your rating from Step 2 was 4, then your total would be $80,000 ($20,000 x 4 = $80,000).
Although it may seem trivial, this is a highly reliable method of determining the compensation owed to you, and it has worked for thousands of people. No matter whether your injuries are visible or not, you have the right to file a claim to see your case resolved and incurred bills paid. Make sure to acquire legal assistance as you proceed in your efforts to secure the funds owed to you, as this will enhance your chances of success in your lawsuit.
