Proving pain and suffering in a personal injury case can sometimes become complicated for everyone involved. In every case, the victim must present evidence for all the losses that came as a result of the accident and wait for the insurance company to determine a settlement amount.
Additionally, insurance companies must also cover “Pain and Suffering” damages for the victim. One of the primary issues with pain and suffering claims is that they’re often harder to prove and require good car accident lawyers Des Moines offers for the victim to get the compensation they deserve.
Still, Pain and Suffering cases are winnable, and it mostly depends on the evidence presented to the insurance company or the jury. In these cases, it’s vital to work with a professional lawyer so that both parties can get to a fair compensation amount.
The following article presents an overview of what Pain and Suffering cases involve, and how personal injury victims can win one.
What Is "Pain and Suffering"?
“Pain and Suffering” refers to the emotional and physical injuries that a personal injury victim can experience after an accident. Some of these mental injuries involve insomnia, grief, anxiety, and loss of enjoyment of life in general.
Depending on the case, a lawyer may be able to recover some amount of money for these damages. The best way to prove pain and suffering is to define what the state defines by that term. In the case of Des Moines, IOWA, pain and suffering refers to non-economic damage involving the following:
● Physical impairments
● Emotional distress
● Disruption of regular life
● Loss of enjoyment of life
It’s important to note that some life-changing injuries may qualify as non-economic losses or pain and suffering. In cases of extreme injuries, such as spinal cord injuries, the victim may have to change their lifestyle and employment to accommodate their new physical needs. There, the victim could use these damages to file a pain and suffering claim.
How Do Insurance Companies Calculate Pain and Suffering?
There’s no general rule regarding calculating pain and suffering damages. However, there are two popular methods that lawyers use to get a rough estimate of what they could ask the insurance company.
The first method involves multiplying the general damages, such as medical bills or lost wages by a number ranging from one to five. On the other hand, the second method involves using an accident settlement calculator, which may be faster.
It’s important to note that the insurance company doesn’t have the legal obligation to comply with any of these methods. Insurance companies often consider treatments made by physicians or the amount of time the victim went through treatment.
How to Win a Pain and Suffering Case
The key to winning a pain and suffering case is to prove these damages happened. In most cases, proving this injury type depends on how much evidence the victim has to support their claims.
Some documents used to prove pain and suffering include the following:
● Medical bills/records/prognosis
● Photos and videos of the victim’s injuries
● Expert testimony
● Psychiatric records
It’s also important to note that IOWA has a two-year statute of limitations. One of the most effective ways to win a pain and suffering case is to file the claim before the statute of limitations for the victim’s case finishes.
Friends and family can also be strong supporters in proving pain and suffering to an insurance company. These people can provide the insurer documentation that proves how the accident negatively impacted the victim’s life. Additionally, proof of treatment by mental health experts can be a strong piece of evidence for the insurer.
While these are viable methods to win a pain and suffering case, the safest way to file the claim is through an experienced attorney. These attorneys know how to organize the claim in a way that gets the victim the compensation they deserve. Additionally, lawyers are able to counter offer the initial settlement amounts if the amount offered initially isn’t enough.
Bottom Line
Even if the victim applies all these methods for their pain and suffering case, they’re not guaranteed to win since there are many factors to keep in mind at the time of filing the claim. Still, hiring a competent lawyer can significantly increase the chances of winning the case.
The experts at Tom Fowler Law have years of experience with pain and suffering cases, and they know how to address each one carefully to get the compensation all personal injury victims deserve.