What Are Pain & Suffering Damages in Tennesse?
What Are Pain and Suffering Damages?
Fighting for the Compensation that You Deserve
Personal injury victims suffer from a wide array of damages. Some of these damages are easier to calculate, such as medical expenses. A victim simply adds up the amount of the bills to know how much money it will take to pay them off. Other types of damages are more difficult to calculate. However, a personal injury victim is nonetheless entitled to these damages.
Pain and suffering damages are the funds that a personal injury victim receives to compensate him or her for the pain that he or she endured because of the accident. The amount of damages is not usually based on a specific dollar amount, but instead relies on juries assessing the nature and severity of the injury and coming up with a figure that they believe is fair to compensate the victim for the particular injuries that he or she suffered.
One of the main aspects of pain and suffering damages is the degree of pain that the victim actually suffered. Having pictures of the physical injuries, receipts for prescription medications and testimony by the victim about this pain can help substantiate this aspect of the claim. Another aspect of pain and suffering damages is the mental anguish that the injuries caused. The victim may experience shock or humiliation due to new limitations on his or her life that are traced to the accident. A victim may need psychiatric treatment after traumatizing events. Scars and other forms of physical disfigurement are also taken into consideration to determine an appropriate amount of pain and suffering damages to award.
Pain and suffering damages can also take into consideration how the injuries impacted the victim’s life. The victim may no longer be able to participate in a favorite hobby. He or she may have difficulty connecting with a spouse or being affectionate with his or her children.
The goal of a civil lawsuit is to help return the victim to the position that he or she would have been in had the accident not occurred. However, determining the amount of damages to award for this aspect of the claim can be difficult and is often prone to inconsistency between juries. A Murfreesboro personal injury attorney helps establish a baseline for an amount of damages that should be awarded for pain and suffering and uses this figure in his or her calculation of a justified amount of total compensation that the insurance company should provide. This calculation is often provided in the form of a demand letter to the insurance company. A personal injury attorney negotiates a fair settlement on the victim’s behalf that takes into consideration this aspect of the claim.
If you have been involved in an accident, you need the reliable legal advice. Contact the legal team at Kidwell, South, Beasley & Haley Attorneys at Law for a free consultation and learn your next steps. With limited time to file a claim, it is in your best interests to consult with one of our accident attorneys sooner rather than later. Contact us online or call our Murfreesboro office at 615-893-1331 today.