Can I File Pain and Suffering in a Personal Injury Case?

Filing a personal injury case is more than just seeking justice against those at fault for negligence. It’s about finding ways to help repair the damages you’ve encountered throughout the injury.

When you file a personal injury case, you are also filing for pain and suffering in a way. The pain and suffering you have endured will be investigated in front of a jury and with your lawyer to establish a fair amount to compensate for the damages at the end of your case.

What Is Considered Pain and Suffering?

If you think pain and suffering is separate from personal injury, think again. It’s actually a key component.

Personal injury is a legal term used to refer to the harm or injury a person has experienced due to someone else’s negligence. The pain and suffering in the injury are very important for the outcome of your case.

The two types of pain and suffering that will be looked at in each case are mental and physical. The physical side refers to the actual injuries the plaintiff sustained and the future effects that will come from the injuries.

Mental pain and suffering are the emotional and mental effects that can include trauma, shock, or mental anguish. It can also refer to any severe mental pain and suffering such as PTSD and more.

Sometimes the mental pain and suffering from an injury can develop later on. For example, let’s say you were injured in a car accident and were left physically injured, and a few weeks or months later, you were dealing with high-functioning anxiety about getting back in a vehicle. The anxiety has become so bad that you are referred to a therapist.

This can be looked at in your mental pain and suffering, and if you file a lawsuit against the at-fault driver, can be used as evidence for a higher settlement.

How Does Pain and Suffering Work in Personal Injury Cases?

When you file a personal injury lawsuit, and your case makes it to court, your lawyer will present the jury with all of the evidence they have gathered regarding your case. This could be medical records or statements from your therapist that show the physical and emotional pain and suffering you were left with.

Once all of the evidence is presented, the jury will discuss what was presented and take into consideration how trustworthy the plaintiff is.

You will be looked at for credibility, the exaggeration (if there are any) of your injuries, your background, criminal record, and more.

It’s very important for the outcome of your case that you find a lawyer who can frame your position to be trustworthy.

Calculating Your Earnings

To calculate your earnings with pain and suffering in a personal injury case, the jury will look at your economic and non-economic losses, total them together, and likely multiply it with any number between one and five, depending on the severity of your case.

The totals will look different depending on the circumstance of your injury and what all you lost, especially for the economic damages.

Economic damages are any material item that can be added together. Think of your medical bills, a car (if you were involved in a car accident), time off work, and more.

Non-economic damages are the physical and mental pain and suffering you’ve experienced as a result of the accident. If you are left with trauma, permanent injuries, suffering the loss of a loved one, or something else, these all fit in this category.

Once your economic and non-economic damages are totaled, the multiplier method will be added, and then you will have your earnings.

It’s important to note that you will have to pay your lawyer for their time and for any court fees. These payments will reduce the overall takeaway.

Contact Our Personal Injury Firm For More Information

Wondering how much your case is worth? Contact Ayers Smithdeal & Bettis today to help answer any questions you may have.

We are a firm that specializes in personal injury cases and are confident we can help you seek the compensation and justice you deserve. Our 25 years in the business have taught us how to fight against the other side.

Get started by calling our firm or filling out our free case evaluation form today so we can hear more about your case and how we can help.

We look forward to fighting for you.

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