Law

What is pain and suffering in an accident claim?

Pain and suffering are very important aspects of any accident injury claim when it is made in a correct manner, statistics show that it has the potential of increasing the claim amount by a lot. This is why if you hire a top rated car accident attorney to handle your case, they can help you in filing a pain and suffering claim in an efficient way.

What are pain and suffering?

In filing a case in most personal injury cases the plaintiff is entitled to losses of two kinds: Economic and non-economic losses. Economic losses are those losses that are clearly quantifiable like medical bills and lost income. However, the non-economic losses, on the other hand, cover the losses that are not that quantifiable and pain and suffering are one of the most important components.

What is covered under pain and suffering?

However, there is no one particularly accepted definition for pain and suffering.  There are a few things that are universally accepted about these types of losses. These are, the physical pain that was caused by the accident, the physical discomfort caused by the medical treatments, and the psychological effects that can be attributed to the accident and injuries. And when it comes to measuring the degree and extent of the pain and suffering, there are two basic indicators that are observed, they are the nature of medical treatment and injury.

How is it proven?

The way in which the intensity and type of your pain and suffering are majorly dependent on how you document your experience as it is the main factor that is used for proving and deciding the claim. There are a few things that you should purposely do in order to make your claim stronger.

  • Any pain and discomfort must be conveyed to the person who is treating you so that it is clearly mentioned in your medical records.
  • The outer injuries need to be photographed regularly.
  • Even if there are no upcoming medical appointments you should make an appointment and make sure to get the medical records updated about the discomfort.
  • You should not hesitate to ask for medication to help with your pain and discomfort from the physician and get it updated on the record.
  • If the pain and discomfort are stopping you from leading your daily life normally, make sure to document it in your journal so that it makes your claim stronger.

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