Getting Paid For Pain And Suffering

Law Blog

The term pain and suffering is a part of almost all accidents. In the instance of a car wreck, pain and suffering may be one of the side-effects of the physical injuries suffered by the victim. However, as the below information demonstrates, pain and suffering is not just a simple form of damage.

How Are Victims Impacted by Pain and Suffering?

More and more scientists are discovering how your brain and emotions can impact every aspect of your life. When it comes to the mental health effects of an accident, they can vary by the victim and the circumstances. What does not vary, though, is that you are entitled to payment for pain and suffering if you experience physical injuries due to a careless driver.

This form of damage can take several forms, from anxiety and depression to mood swings and post-traumatic stress disorder (PTSD). No one can predict how an accident with injuries will affect a victim. This form of damage, like any other form of damage, cannot make things right for victims. However, it does provide victims with money to attend to their mental health needs after a wreck. For example, it might allow victims to take several weeks off from work to focus on their well-being.

How Does Pain and Suffering Compensation Work?

It can be difficult to imagine how a victim is paid for suffering mental aspects of a wreck and the physical injuries that go along with it. Here is what victims need to know:

  • Insurers almost never recognize pain and suffering as a form of damage. Rather, victims must seek legal measures that force the insurer to cover pain and suffering and other forms of damage through a monetary settlement. Speak to a personal injury lawyer about pursuing legal actions against the other driver and their insurance company.
  • Pain and suffering may not require proof but that depends on the way the settlement is covered. Some insurers base pain and suffering on medical expenses, with more money going to victims with severe physical injuries. It doesn't hurt to keep records of your mental health struggles after an accident. You can do that by using a journal, seeking mental health counseling, and attending to your medical needs.

Although pain and suffering is only part of a total compensation package, it may be the single highest category of damages for some victims. To leave it off a settlement is like throwing money away. To find out more, speak to a personal injury lawyer.

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28 January 2022

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