Personal Injury Accidents and Recovering Compensation
Pain and suffering is an important component of personal injury law. It encompasses both physical and psychological trauma that can occur as a result of an accident, such as medical bills, lost wages, and emotional distress. Trauma may include the actual pain itself or the mental anguish one experiences after being involved in an accident. In some cases, this category can be difficult to measure due to its intangible nature. This is why you need the help of an experienced lawyer to obtain the compensation you deserve.
Courts Use Certain Standards When Awarding Pain and Suffering Damages
The first standard used by the court is known as “comparative negligence,” which means that the victim’s conduct will be compared to the person at fault to determine who should shoulder most of the blame for causing the accident. The court may also consider factors such as the severity of the injury, how long it takes for the victim to recover, and what medical treatments are necessary.
The second standard is “proximate cause,” which means that the person at fault must have been a direct cause of the accident to be liable for damages. This can be difficult to determine if there were multiple people involved or if some time has passed between when the incident occurred and when it was reported.
Finally, courts will often look at “exemplary damages” — additional damages awarded due to extreme circumstances — in cases involving pain and suffering. The idea behind these awards is that they should serve as an example to others and dissuade them from similar behavior.
Physical Trauma and Compensation
Physical pain and suffering typically include any physical discomfort caused by the accident, such as broken bones, lacerations, burns, or bruises. It may also include medical bills related to treatment for these injuries or lost wages due to an inability to work during recovery. In some cases, compensation for physical pain might also include damages for disability if the injury results in a permanent disability.
Emotional Trauma
Emotional distress can refer to the psychological distress that usually accompanies an accident, such as shock, fear, anxiety, depression, or post-traumatic stress disorder (PTSD). These injuries can be tough to measure since they are not always visible. However, the court may consider factors such as the severity of the trauma and how long it takes for the victim to recover when determining damages.
Ultimately, courts can consider a variety of factors when it comes to awarding damages for trauma in personal injury cases. It is important that victims understand their rights and what they may be entitled to as a result of their injuries. An experienced attorney can help victims navigate the legal system and seek compensation for their pain and suffering.
Olinde Law Firm – Attorneys for Personal Injuries
In the event of a personal injury, we at the Olinde Law Firm are ready to help you recover the compensation you deserve. Get in touch with our lawyers for a free consultation by calling (504) 587-1440 in New Orleans or Mandeville . You can also reach us at (800) 587-1880. It is important to seek legal help if you have been injured due to the negligence of someone else. Alternatively, you can contact us online.