If you watch enough courtroom-themed television shows, pain and suffering is a term you've likely heard a time or two. Pain and suffering is a claim that seeks to compensate victims for their injuries, physical, psychological and emotional. While the definition is pretty black and white, placing a value on a pain and suffering claim isn't quite as simple. Consequently, this leaves many victims wondering if they were fairly compensated. While there is no secret formula to determining a value for this claim, understanding how these claims are accessed can at least offer you some clarity.
The circumstances surrounding an accident also have a lot to do with the value of a personal injury claim. While any accident is considered a life-jolting, there are those instances when the circumstances are even more serious. Driving under the influence of drugs, driving while drunk or eluding the police are just a handful of the accident circumstances that are considered aggravated.
Accidents that arise from these conditions are generally calculated at a higher rate for pain and suffering claims. Oftentimes, the injuries in these types of instances are more significant in terms of their physical and psychological aspects, requiring greater compensation.
Seriousness of Injuries
Another factor that is taken into account with pain and suffering claims is the seriousness of the injury. Cases with more significant injuries have a higher pain and suffering compensation amount than cases with less significant injuries. For example, say there was one victim who had a minor broken bone that would heal on its own over the next few months.
Compare this person's injuries to an individual who had multiple broken bones that would leave them with pain and limited mobility for the remainder of their life. Those injuries that require greater medical attention and have a longer recovery period are considered more serious injuries and typically have higher values.
Loss of Enjoyment of Life
Pain and suffering claims are also accessed based on whether or not the victim suffered an injury that would result in loss of enjoyment of life. Loss of enjoyment of life determines to what level an individual has a diminished ability to enjoy the pleasures of life. For this part, the victim's life before the accident is taken into account.
For instance, an avid skier who is no longer able to ski because of a leg injury would have a claim for loss of enjoyment of life. Since each case takes into account the person's injury and life beforehand, what qualifies in this area varies.
When it comes to your case, your lawyer should be the first person you speak with. While your lawyer can't necessarily determine the future, your lawyer will be able to take into account the specifics of your case to offer a more accurate account of your pain and suffering claim's value.
To learn more, contact a company like Zayouna Law Firm for more help.Share