Damages for pain and suffering are given in response to many personal injury claims. These damages are intended to reimburse victims for losses sustained as a result of the injury, but the term itself can be hard to define. Pain and suffering may include:
* Joint pain from a car accident injury
* Neurological damage from a failed surgery
* Emotional distress arising from trauma
* Grief over a loved one’s death
Documenting pain and suffering can require the testimony of witnesses in the medical and psychological fields, and laws vary by jurisdiction.
When Damages Are Awarded
Generally, the more an injury causes a plaintiff’s pain and suffering, the more likely the person will receive damages. In some instances, damages for pain and suffering are included in the overall valuation of one’s claim; however, in other cases, pain and suffering is included in damages intended to compensate the victim for their losses. These damages must be quantifiable in order to be given, and most jurisdictions impose limits on them.
Guidelines for Pain and Suffering Lawsuits
When filing suit for pain and suffering, the attorney and the client should follow these guidelines.
* Be specific when presenting the condition. Vague, undocumented conditions won’t result in a damage award.
* Make a record of injuries before and following the incident. The record will help determine how much of the client’s pain and suffering is accident-related.
* Keep legal documents such as medical bills, police reports, pay stubs and other pieces of evidence.
personal injury lawyers in Fort Collins can help the client gather these pieces of evidence, and they can present them in court to achieve a favorable outcome.
Does a Victim Need an Attorney to File a Suit for Pain and Suffering?
Damages for pain and suffering are given only under specific circumstances, and it is in the client’s best interests to hire an attorney from Law Offices of Burton & Burton. The lawyer can represent their client in court, and they can offer the legal experience needed to prove damages. Moreover, personal injury lawyers in Fort Collins can help the client file motions regarding the damages to be given.