How Do You Sue for Pain and Suffering After an Accident?
A car accident can be a traumatic event for many people, depending on the wreck’s severity. In some cases, the injured party will not only have tangible losses incurred during the crash, but they may also have non-tangible or non-economic damages that can include pain and suffering. This broad term can relate to any number of personal issues that directly result from the accident. Many people may wonder how they can sue for pain and suffering after an accident. The first step towards taking legal action to collect money that may be awarded in court for pain and suffering is to find and secure the services of an established, respected legal professional who handles these specific types of cases.
Finding the Right Legal Counsel and Services
As soon as the accident has occurred and the victim’s condition is stabilized, they should either reach out to an attorney who can take their case right away or have a family member or legal representative begin the process. The sooner a legal professional is involved with the process, the better the possible outcome for the victim. The lawyer must collect as much documentation and evidence as possible to start building a case. They can also work with the insurance companies and other care providers to navigate the difficult process that included treatment and filing claims with car insurance companies and medical facilities, and health insurance providers.
The best way to find the right attorney for these needs is to consult with others in the legal field who can recommend or search for car accident lawyers in the area. Pay close attention to the reviews other previous clients have left and, if possible, do some in-depth research into their success rate and history to help get the best outcome. Having a lawyer who is well versed in this type of case will allow the victim to get the compensation they need in addition to having the best chance of getting financial assistance in the form of a pain and suffering award by the courts.
Things to Consider Involving Pain and Suffering
Pain and suffering can involve many different aspects. For example, pain and suffering can relate to being injured or even having lifelong disabilities. When people are injured during an accident, it can take a long time to recover, and the victim can be in considerable or even excruciating pain during the process. Some people will have resulting pain that can last a lifetime and require pain management to keep it under control. This situation is especially true of those who have lost a limb, eye, or regular body function. When awarding compensation for pain in suffering in this instance, the way the amount is determined is using a multiplier index that ranges from 1 to 5 times the amount of the amount that is being sued for, and it is determined by professionals who use the information and documentation provided to assign a multiplier. Of course, the more the client has suffered, the higher the multiplier.
Not only does pain and suffering consider physical pain and distress, but it also accounts for mental anguish. Some who are in a car wreck will have lasting psychological trauma directly resulting from the accident. This trauma can be outlined as anxiety, fear, and documented psychological distress that is a result. These conditions and distress can last a lifetime in some cases. An experienced lawyer can collect the necessary evidence or proof of trauma and present it to the court for consideration to collect pain and suffering judgment.
Moving Forward with Pain and Suffering Claims
Once the attorney is secured and working on the tangible claims, which may take a considerable time if the accident has complex factors and requires more extensive paperwork and documentation on both sides, they can start the process of working with the other party’s legal team and move forward with the case. During that time, they can also begin to collect the necessary documentation they need to make their case to the court to help them get a successful pain and suffering judgment or non-economic damages. Some of the information required may be medical records, doctor testimony, and details of the victim’s recovery and issues they had suffered along the way.
Those individuals who have had a wreck or know someone who has been are urged to find an experienced and reputable accident lawyer who can provide them with the assistance and support they need to get a favorable ruling and make collecting compensation easier and more effective. As soon as the accident occurs, be sure to get legal assistance when possible. The faster and attorney is handling the case, the better the overall outcome for the victim. In the best-case scenario, the victim will have enough awarded to cover their medical and legal expenses and money to help support them if they are out of work and need to pay their bills.