After an accident, the legal term “pain and suffering” often get thrown around a lot. If you get injured due to someone else’s carelessness, you can file a lawsuit to recover your damages. Pain and suffering often get cited among the reasons to file a lawsuit.
Most personal injury clients who visit the law offices of Morris Bart can’t differentiate pain and suffering from medical expenses. Our attorneys are always at hand to explain everything.
Pain and Suffering vis à vis Medical Bills
Although pain and suffering and medical bills are related, they are separate. Pain and suffering are a direct consequence of the injuries you suffered in an accident caused by a negligent party. On the other hand, medical bills reflect the financial implications of your pain and suffering.
The expenses you incur when getting treated for your injuries are just one component of your damages. Pain and suffering and medical bills are often two separate components of a personal injury lawsuit or insurance claim. For this reason, you can recover separate compensation for your medical bills and pain and suffering.
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What Is Pain and Suffering?
As the term implies, pain and suffering refer to the injuries plaintiffs suffer in an accident. Typically, such accidents result from someone else’s negligence. Pain and suffering doesn’t only encompass physical pain but also emotional and mental pain.
In every personal injury case our attorneys handle, we help clients receive compensation for their pain and suffering damages. The amount you can recover differs, but depending on the circumstances of your case, we can help you understand the type of compensation you’re entitled to. Moreover, we can help you identify the parties responsible for your injuries and the consequent pain and suffering.
Grounds that Qualify as Pain and Suffering in a Claim or Lawsuit
Here are grounds you can use to claim you suffered “pain and suffering” as a result of someone else’s negligence:
- Physical Pain and Suffering. Physical injuries such as cuts, fractures, nerve damage, dislocated joints, and paralysis can be painful and last a lifetime. Victims often experience constant physical pain that requires round-the-clock monitoring.
- Emotional Pain and Suffering. The effects of an accident can last for years. Emotional pain and suffering may include fear, psychological trauma, insomnia, grief, loss of quality of life, and PTSD.
- Loss of Consortium. Some accidents often result in death. If you lose a loved one in an accident resulting from negligence, you’re allowed to file a wrongful death claim so that the responsible parties are held accountable for their actions. You can also recover lost wages and loss of consortium.
How Medical Expenses Differ from Pain and Suffering
Most accident victims require medical treatment to return to their old lives. The treatment may include surgery, medication, physical therapy, and other life-saving interventions. Unfortunately, treatment isn’t free. Victims and their families often have to shoulder significant medical expenses and other related bills.
As a victim of someone else’s negligence, you shouldn’t be responsible for any of the medical expenses related to your injuries. The responsible party should pay all your medical costs. The aggressive attorneys at the law offices of Morris Bart can help you recover the expenses of treatment after an accident.
When you file a personal injury lawsuit, you’re allowed to recover the money you spent on medication. You can claim all the medical expenses you suffered, even if your insurer or the at-fault party’s insurer covered some of the costs
Medical Expenses You Can Recover
Medical expenses often include all the reasonable and necessary expenses you incurred due to the accident. These expenses are classified as compensatory damages intended to compensate victims for their losses. We always encourage our clients to document their injuries and medical expenses to get fairly compensated.
Some of the medical expenses you can claim in personal injury lawsuits include:
- Physical therapy bills
- Hospital bills
- Family physician bills
- Surgery costs
- Laboratory fees
- Cost of prescription medication
- Pain management treatment
You can also claim expected medical expenses in personal injury cases. After suffering a serious accident, long-term care may be needed, which is often expensive since specialized treatment may be required. You can get compensated if you prove that future medical expenses are related to the original injuries you suffered
For instance, say your spine got seriously injured in a car crash caused by a drunk driver. If you won’t have undergone surgery at the time of trial but intend to do so in the future, you can claim it as a future expense.
Proving Your Medical Expenses
When you file a compensation claim and want to recover past, present, and future medical expenses, you need to present your medical bills to support the amount you’re claiming. In some cases, expert witnesses or a treating physician may be called to testify and prove the rationality of the cost of your medical treatment. An expert will link your claimed medical treatment to the accident in question.
Recovering Compensation for Medical Expenses
You can recover your medical expenses by proving your case in trial or negotiating a settlement. Often, the at-fault party’s insurance company is obligated to compensate you. This means you might find yourself negotiating with the insurance company to reach a favorable settlement. Once a settlement is reached, you automatically give up the right to a future claim.
Dealing with insurance companies is hectic. To protect their bottom line, they’ll try to pay you as little money as possible or avoid paying you altogether. With the lawyers from Morris Bart fighting in your corner, you’re guaranteed a fair settlement that covers all your medical costs.
Call an Experienced Personal Injury Attorney Today
Filing a lawsuit to get compensated for your pain and suffering and medical expenses is a lengthy, multi-step process. As a victim, a lot will be going on in your mind, and you may not know where to begin. Not to mention that insurers will try to pay you as little money as possible.
The experienced attorneys at the law offices of Morris Bart are here to fight for your right to fair compensation and help you get back to your old life. Call us or visit our offices to get your free case evaluation.
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