Imagine you're driving to work at 6 a.m. one morning, when a drunk driver T-bones your vehicle. You are lucky to survive with your life, but you don't escape without a few serious injuries. These injuries will take months to fully heal and – in the meantime – you will have to deal with a tremendous amount of pain and suffering. This pain and suffering -- added to the financial costs related to your medical care and lost income due to not being able to work – has turned a horrible situation into a horrific one.
Fortunately, in addition to your monetary losses, you might also be able to claim damages related to "pain and suffering" by holding the at-fault party responsible in court. Of course, pain and suffering damages are a little bit unique because they are difficult to quantify. It's not simply a matter of adding up your medical receipts and estimating what your monthly income should have been.
It's a matter of estimating a figure of compensation that's "fair" for the level of pain and suffering you've endured. Therefore, you'll need to create a strategy that communicates to the court how much pain and suffering you have experienced and what is a fair sum of money to compensate you for it.
Of course, pain and suffering is also subjective: One man's pain, could be exponentially worse than another man's pain, even if they endured the same accident and injuries.
Plaintiffs can prove their pain and suffering with evidence related to the severity of the injury, how long is needed for recovery, the location of the injury, scars and disfigurement, whether the injured party can gain the sympathy of the court and more. If you would like to develop a suitable strategy to pursue pain and suffering damages in your car accident injury case, our law firm is available to help.