How Will Pre-Existing Conditions Affect Your Accident Claim?
After an accident, the journey to recovery is more than physical healing. It’s common for victims to experience emotional and psychological pain for years after the initial incident. For this reason, securing compensation for pain and suffering is crucial, but proving it will present a unique set of challenges. This guide will give you practical strategies to prove pain and suffering and ensure you receive compensation.
How Do Pain And Suffering Work In Personal Injury Claims?
Pain and suffering refer to the non-economic damages you suffered due to your injuries. This concept is relatively broad and includes any physical discomfort, emotional distress, or mental anguish you’re coping with because of the accident. Unlike economic damages, which are straightforward to quantify, pain and suffering are subjective, making proving it much more complicated.
Calculating Pain and Suffering
The subjective nature of pain and suffering means there’s no one-size-fits-all formula for calculating how much you receive. However, most lawyers use the multiplier or per diem methods to determine the total value.
A multiplier method will multiply your economic damages by 1.5 to 5 based on the severity of your injuries. On the other hand, the per diem method assigns a daily rate to your pain and suffering until you fully heal. No matter the method, insurance companies, and legal professionals consider your injury type, recovery duration, and impact on quality of life in their formula to calculate the fair rate.
Legal Strategies For Proving Pain and Suffering
If you want to maximize your best compensation for pain and suffering, here are a few crucial steps to make that possible:
Document Everything
Keeping track of your daily experiences post-accident can play an important role in your case. Record your physical pain, emotional states, and how your injuries affect your daily activities and relationships. This personal account will give the court a better picture of how your life changed after the incident.
Consult With Your Medical Professional
Regular health checks ensure your medical records accurately reflect the severity of your injuries and their impact on your life. They’re also a crucial part of differentiating the pain and suffering stemming from the accident from any pre-existing conditions you had before it happened.
Use An Expert Witness
Expert witnesses, such as your doctor, can be a valuable asset in proving your claim of pain and suffering. They offer objective insights into your injuries’ medical and psychological impacts, which can strengthen your claim.
Start Your Personal Injury Claim Today
Proving pain and suffering in a personal injury claim demands a detailed understanding of the law to ensure success. But with the right strategies and professional guidance, you can discuss the depth of your pain and suffering and win the compensation you’re entitled to. Our New York personal injury lawyers will help you navigate this complex process and will help you seek justice. Please contact us online or at (866) 506-3694 if you have any questions or want to schedule a free consultation today.