Pain and suffering are unavoidable parts of life. But when it happens due to someone else’s actions such as a car accident ,etc it can become more than just an emotional experience; the financial burden can be overwhelming to handle on your own.
Some people may be eligible to seek restitution in court for pain and suffering caused by another party, whether from personal injury or negligence in medical care.
For that, they may take assistance from a car accident law firm as they’re much more informed and can help you get a good award from court.
However, proving your claim can be challenging: How do you put a price tag on something difficult to quantify?
Below, we will provide essential information about the process of proving pain and suffering in court — so if you have questions about how much your case may be worth, keep reading!
What Factors are Considered When Determining Pain and Suffering Damages?
Here are some factors that are considered while determining pain and suffering:
- Intensity of pain experienced
- Duration of pain experienced
- Type of trauma suffered (mental/physical)
- How has it affected daily life
- Credibility of witnesses
- Documentation provided in support of the claim
- Whether any pre-existing conditions existed before the incident/accident, etc.
Additionally, if there was malicious intent on behalf of the defendant causing harm, this could result in larger damages awarded.
How Do You Prove Pain and Suffering to the Court?
One of the most important steps towards proving your claim to the court is documenting everything related to your injury.
- Keeping detailed records of all medical visits and treatments
- Therapy sessions (if applicable)
- Lost wages due to time spent away from work while recovering from your injury.
- Bills related to out-of-pocket expenses incurred because of the injury
- Photos of any physical damage caused by the incident or accident leading up to your injury or trauma
- Statements from credible witnesses regarding their testimony about what happened when you were injured. All these documents serve as evidence that can be presented in court.
How Is The Amount Of Pain And Suffering Damages Awarded Determined?
The amount awarded for pain and suffering can vary depending on several factors, including the severity of injuries sustained & amount requested for compensation by the plaintiff.
Generally speaking, judges will use their discretion when considering appropriate amounts & look at all evidence presented before making decisions based on their own experiences & understanding laws involved with the case at hand.
In some instances, punitive damages may also be awarded if the defendant is found guilty due to negligence or intentional harm caused towards the plaintiff, resulting in injuries sustained during an incident/accident leading to a lawsuit being filed against them.
What If You Suffer From A Pre-Existing Condition?
In certain cases, the plaintiff suffers from a pre-existing condition(s) before the incident/accident leading up to filing a lawsuit against the defendant.
Then they must prove that their current condition(s) have been exacerbated due to the defendant’s negligence or intentional harm, causing additional damage beyond what would have naturally occurred had they not been injured during the incident/accident.
It requires providing clear evidence showing how new injuries or exacerbations of existing ones were directly caused by actions taken (or not taken) by defendants during the said event so the judge can accurately determine the amount awarded accordingly without bias either way!
Proving pain and suffering awards in court is a complicated process involving presenting both medical evidence and witness testimony when applicable.
It is important for those pursuing such awards to understand what factors are considered when determining compensable damages so that they can present a strong case for themselves in court.
Knowing how much money might be available through a settlement or award will help plaintiffs decide how best to proceed with their claims.
Additionally, those who already suffer from pre-existing conditions must prove that these conditions were exacerbated directly caused by the defendant’s actions (or lack thereof).
Doing so will provide them with an accurate assessment regarding what potential awards may be available should they win their case!