When Can An Injured Person Sue For Pain And Suffering Damages?
Being injured in an accident is a traumatic event for anyone regardless of the severity of the injuries. If the accident was caused by the reckless, careless or negligent acts of another person, you may be entitled to damages. Damages can include both economic and non-economic damages. Economic damages are typically what we call “out-of-pocket” expenses such as medical expenses, personal property damage and lost wages. Non-economic damages include pain and suffering, loss of consortium and emotional distress.
The experienced personal injury attorneys of Musselwhite Meinhart & Staples, PSC investigate your personal injury case thoroughly to determine the value of the case by calculating the economic and non-economic damages. Because each case is unique, we will perform a thorough investigation to ensure that we account for all of the damages that you are entitled to receive from the at-fault party. By contacting our office as soon as possible following the accident, we can begin to work immediately to preserve evidence to build a strong case for damages.
What are Pain and Suffering Damages?
A victim can sue for pain and suffering when he or she suffers emotional distress as a result of the injuries sustained because of another person. If the case settles prior to a trial, it is our job to convince the insurance adjuster that you have suffered much more than physical pain and injuries as a result of the accident because we will be asking the insurance adjuster for a payment for pain and suffering as part of the negotiated settlement.
Pain and suffering is much more difficult to quantify because there are no “bills” for pain and suffering; however, pain and suffering is just as real and compensable as medical bills and lost wages. When looking at a person’s pain and suffering, we look for elements including but not limited to:
- Psychological problems including depression or other signs of emotional and mental anguish
- Chronic pain
- Physical limitations and scarring
- Permanent medical condition that alters a person’s life forever
- Serious changes in a person’s lifestyle
- Inability to take care of oneself or another person
If you keep a daily diary about how your life has changed since the accident, including activities that you are unable to do after the accident, it can help demonstrate your pain and suffering caused by the accident.
Contact an Experienced Personal Injury Attorney
We’ve Helped Thousands of KY Families, we can help you!
The personal injury attorneys of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience handling personal injury cases. This experience has enabled the attorneys to achieve the best possible results for their clients time and time again. Your case is important to you; therefore, it is important to us. We represent clients in Hardin County, Jefferson County, and throughout central Kentucky from our offices in Radcliff and Elizabethtown and Louisville.
Contact us at (270) 351-6069 or (502) 964-1968 or 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form. We look forward to meeting with you to discuss your legal options for collecting compensation for your injuries.