How The Court Compensates For Damages Caused By Pain And Suffering?

Injury Lawyer Personal Injury Faq's

An insurance company asks that anyone with a personal injury claim show that the sustained injury received prompt attention. Yet pain and suffering can diminish the effect of even a promptly-executed recovery. That fact underscores the reason that an accident victim has the right to seek compensation for the damages caused by pain and suffering.

Conditions that illustrate the nature of such damage:

• Emotional stress, such as that associated with PTSD (post-traumatic stress disorder);
• Stressful atmosphere created by feelings of depression;
• Painful sensations caused by a bodily injury;
• Phantom pains: imagined pains in a limb that has been amputated;
• Grieving family mourns the untimely loss of a loved one;
• Accident victim must deal with daily constraints on normal activities;
• An accident victim faces the rapid and unexpected approach of an end to his or her time on this earth.

Suggested way for handling the occurrence of pain and suffering in the life of an accident victim:

• Schedule a consultation with a personal injury attorney.
• Work with the same attorney, in order to execute prompt action.

Understand what factors a court will consider, when deciding on a claim for pain and suffering damages.

• What was the medical diagnosis, and the prognosis?
• What is the considered value of the victim’s supportive evidence?
• Has the victim’s injury persisted for an extended length of time; has it become a source of ongoing pain?
• Did the pain and suffering compound the problems created by the victim’s pre-existing condition?
• Did the victim’s injuries reduce his or her ability to enjoy life? Did daily constraints on the victim’s activities cause his or her life to be filled with challenges, instead of joy?
• Do medical reports indicate that the victim may have to deal with future complications? Does the medical prognosis indicate that the victim’s future earning potential has been greatly reduced?
• Were there past cases, where other victims have had to deal with similar issues?

How a personal injury lawyer might deal with a scarcity of similar cases?

It may be that the personal injury lawyer’s client in Oakville has an unusual pre-existing condition, or that the client’s injury has resulted from what some might call a freak accident. In either case, it would help to seek out the opinions of recognized experts.

A medical specialist might offer some perspective that could support the claims being presented to the court. Other specialists might offer greater insight on the type of care that will be needed by the lawyer’s client. In addition, an economic expert could present figures that showcased the financial burden faced by the lawyer’s client, due to the existence of that same client’s painful sensations, in combination with the need to deal with his or her perpetual challenges.

67 thoughts to “How The Court Compensates For Damages Caused By Pain And Suffering?”

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