Pain and Suffering Damages Explainer
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Receiving compensation after a personal injury can help you get back on your feet and recover appropriately without needing to worry about getting back to work or paying your medical bills. In most situations, you will receive compensation for lost wages, medical bills, and lost future earnings, but many people wonder whether or not they can ask for additional compensation for pain and suffering via a personal injury legal case.
Pain and suffering is not normally awarded in a personal injury case, but there are some situations where it may be appropriate. Here is what you need to know about whether or not pain and suffering damages will be provided to you.
What Is Pain and Suffering?
While there will be pain associated with just about any personal injury case, not all pain qualifies as pain and suffering. When we talk about pain and suffering and how it relates to a personal injury case, we’re talking about the residual aches the individual feels as a result of their injury.
Pain and suffering may also refer to mental pain and suffering. This may include anxiety, shock, stress, fear or a decreased in quality of life that has resulted after an accident.
Establishing Grounds for Pain and Suffering
In order to receive pain and suffering compensation, there must be a detailed record of pain levels throughout recovery. An injured individual can show this if they’ve kept a journal of their discomfort through the recovery process.
Doctor’s opinions, charts, notes and medical records can also help provide evidence that the injured individual was in severe pain. The more detailed a description about the pain and the various treatments provided to reduce it, the more likely an individual will be able to persuade the jury or judge that pain and suffering damages are necessary.
Can I Receive Pain and Suffering Damages?
Asking for pain and suffering damages can add another layer of complication to a personal injury case, but it can be extremely rewarding if the judge decides in your favor. But if you want to prove pain and suffering, you’ll need the help of a personal injury attorney.
The personal injury attorneys at Held & Hines, LLP serve injured individuals throughout Manhattan and Brooklyn, ensuring you get the representation you need throughout the New York City area.
Posted in: Personal Injury
