Seeking Compensation for Pain and Suffering After an Accident
You know that if you are injured in an accident, you are entitled to seek monetary compensation for your expenses that arise as a result of that accident. You also might be aware that you may seek compensation for pain and suffering expenses. What you might not fully understand is which expenses may be considered to be pain and suffering and thus eligible for monetary compensation through a personal injury claim.
Basically, pain and suffering refers to the intangible expenses an individual faces after he or she is injured in an accident. They can include physical needs as well as emotional needs. To determine which expenses you may seek compensation for under this classification, work with an experienced personal injury attorney.
Which Ailments are Not Covered by your Medical Compensation?
This is a good starting point for determining which of your needs may be considered to be pain and suffering. Issues like broken bones and the need for physical therapy are generally covered through compensation for medical bills. Ailments that fall under the classification of pain and suffering can include scarring, soreness, aches, and mental issues that require the aid of a licensed counselor. Compensation received for pain and suffering expenses may be used to purchase over-the-counter medication, topical ointments, and cover therapy bills.
Proving your Need for Pain and Suffering Compensation
It can be more difficult to prove your need for pain and suffering compensation than your need for other types of compensation after an accident because pain and suffering needs are more abstract. Unlike a medical bill, which has a clearly-defined monetary value, it can be difficult or even impossible to put a dollar figure on the extent of your body aches or the depth of your emotional distress.
To come to an appropriate dollar figure for pain and suffering needs, the court relies on the following factors:
- The credibility of the claimant’s story;
- The facts of the accident and the claimant’s physical injury,
- Testimonies from witnesses to the accident and the claimant’s needs; and
- The apparent extent of the claimant’s suffering.
The court then uses a formula that involves the length of time that has elapsed since the accident and the claimant’s continuing costs to determine an appropriate compensation amount. The more resources you can use to prove your need for compensation, the better your chance of receiving an adequate settlement amount.
Personal Injury Attorneys in Winter Park, Florida
If you are facing significant expenses as a result of an accident caused by another party’s negligence, you could be entitled to monetary compensation through a personal injury claim. To learn more about seeking compensation for pain and suffering as well as other needs like medical expenses and coverage for your lost wages, contact our team of experienced personal injury attorneys at Hornsby Law in Winter Park today. We can help you file your personal injury claim to seek the money you need after an accident. Do not wait to make the call to schedule your legal consultation with us.