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How to Prove Pain and Suffering in Your Personal Injury Claim

In Savannah, Georgia, we understand how a car accident can have a huge emotional and physical impact on your life. How do you show that you have suffered emotionally due to a catastrophic accident and the effect that it had on your life? Many people going through an injury claim understand that proving pain and suffering can be one of the most difficult tasks they will have to endure. This is because it is easy to see physical injuries on the surface most of the time, but emotional injuries cannot easily be seen. Today we will talk about how you can prove pain and suffering, and the amount you may receive as calculated by the courts.

When You Can Be Compensated For Pain and Suffering

accident lawyer When the other party was clearly at fault for your accident, you may be able to compensate for an aspect like pain and suffering. Insurance companies tend to understand that you have dealt with vast amounts of pain and emotional turmoil due to your accident, but that they should not give you a vast amount for your injuries. This is why you may find that you are offered a very low amount of compensation, which is why you should have an attorney on your side to help you gain all the compensation you actually deserve.

But how do you prove pain and suffering in your personal injury case? Here are the 5 most common ways to prove your suffering:

  • Intensity: If your mental anguish is on an intense level, you have a higher chance of being successful in your claim. This can be shown through medical documentation if you are seeing a doctor for your emotional and physical injuries.
  • Duration: If your pain or emotional distress stays with you for a long time, such as in cases of PTSD, you have a good chance of compensating for your losses.
  • Bodily Harm: You may be able to provide evidence of aspects like ulcers, headaches, and more that are commonly related to stress after an accident.
  • Cause: If the underlying cause of stress was extreme, you have a good chance of recovering for pain and suffering. For instance, in a minor rear-end accident, you may not have lasting pain and suffering. But what if you were involved in an accident where your vehicle flipped multiple times and you were in a coma for a week? You are likely to suffer emotionally due to this.
  • Doctor’s Note: Notes by doctors and psychologists can be wonderful sources of documentation in your case when you are trying to be successful in your claim.

The courts utilize many ways to calculate pain and suffering in a claim. For instance, they may use a method where you multiply the total medical bills related to the accident by a specific number depending on the severity of the injuries. This will help them conclude how much you deserve in pain and suffering. The ‘per diem method’ uses a formula based on the daily suffering you experience, or the court could choose to implement a generalized cost.

Speak to an Attorney Today

At the Nye Law Group, we want to help you when you have experienced serious injuries. These injuries can have lasting effects on the rest of your life. Have you suffered serious injuries and, as a result, you want to compensate for pain and suffering? We can help in your time of need. Call us as soon as possible following your accident at 855-636-9277.

 

 

 

Sources:

https://www.dmv.org/insurance/pain-and-suffering-in-personal-injury-claims.php

https://www.thenyelawgroup.com/

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Charlotte, NC

704-862-4177 get directions

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Savannah, GA 31401

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306 North Main Street,
Suite 1B
Hinesville, GA 31313

912-200-5233 get directions

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Suite 102
Bluffton, SC 29910

843-420-1555 get directions
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CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 855-856-4212