Pain and suffering refers to a wide range of intangible damages an accident victim might experience due to their injuries. However, what qualifies as pain and suffering in legal terms can vary slightly depending on the state. In general, this category of damages includes physical pain and an array of psychological impacts, such as mental anguish, loss of life enjoyment, depression, and anxiety.
Accident victims may recover compensation for their pain and suffering losses through an insurance claim or lawsuit, along with the economic damages they sustained. A personal injury attorney from our firm can help value your pain and suffering and other non-economic damages before seeking financial recovery on your behalf.
What Are Some Examples of Pain and Suffering After an Injury Accident?
Pain and suffering is an umbrella term that includes not only any conscious physical pain an accident victim suffers, but also the psychological effects of the accident. Depending on the severity of the incident and resulting injuries, an accident can cause a long list of emotional and mental hurdles for those affected.
For example, you may experience stress, fear, and worry about the outcome of your legal case. Financial stress can build quickly. Some people also experience insomnia, depression, and other mental health concerns.
Other types of non-economic losses may also fall under this category, legally speaking. Typically, this includes a decrease in quality of life and the loss of enjoyment of life if your injury or chronic pain prevents you from participating in activities as you once did.
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Additional Expenses and Losses Commonly Suffered
In most cases, accident victims seek pain and suffering damages alongside their economic expenses and losses. Pursuing compensation to cover your accident-related damages can help you hold the at-fault party accountable and protect yourself from financial hardship.
Some common losses and expenses related to an injury accident include:
- Medical care expenses
- The cost of future related treatment
- Missed wages
- Reduced earning capacity
- Property damages
- Miscellaneous expenses caused by the incident or injuries
In many cases, the insurer or court will value your pain and suffering damages based on your economic losses, including the cost of your medical care. When you hire our firm, a personal injury attorney can help you put a fair price on your non-economic losses, add them to your financial damages, and fight for a just settlement.
Recovering Intangible Damages As Part of Your Personal Injury Case
Personal injury cases require victims to prove negligence. This means you must show that the at-fault party:
- Had an obligation to act in a way that would keep others around them safe
- Acted recklessly or carelessly instead
- Caused an accident due to their actions or inaction
- Is responsible for the victim’s injuries, expenses, and pain and suffering due to the accident
You also need to demonstrate the value of your losses. Once you have this evidence, you can submit a claim based on the negligent person’s liability insurance policy. This could be an auto liability policy, a homeowners insurance policy, a renters insurance policy, or another type of coverage.
These cases generally settle without going to trial. However, some cases need to go before a judge and jury to encourage a just settlement and recover damages.
An Attorney From Our Firm Can Handle the Case for You
If you were hurt in an accident, you want to consider hiring a personal injury attorney to handle your case. Our firm can protect your rights, manage your claim, and seek the pain and suffering damages you deserve based on:
- An investigation of your injuries and the incident
- The value of your economic damages
- The severity and nature of your injuries
- Your relevant medical records
- Documentation of your intangible losses
As your legal team, we will prepare and file your claim and present evidence to support the demands you make for compensation. If necessary, we will sue the liable party or parties on your behalf. Doing so could allow you to recover pain and suffering, expenses, and more through a court judgment.
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The Time to Seek Pain and Suffering Damages Is Limited
If you need to sue the person who caused your injuries, there are strict deadlines. In the states our firm serves, the general time limits are as follows:
- Louisiana: One year under La. Civ. Code Art. 3492
- Alabama: Two years under Ala. Code § 6-2-38
- Arkansas: Three years under Ark. Code Ann. § 16-56-105
- Mississippi: Three years under Miss. Code Ann. § 15-1-49
It’s important to get started on developing your case right away. The earlier our team can take steps to identify and gather evidence, the more time we will have to build a strong case.
Speak with Morris Bart, LLC, About Your Case for Free Today
Our team at the Morris Bart law firm provides free case reviews for accident victims, and we serve clients from 16 locations throughout the Gulf South. Our case results reflect our focus on recovering fair and just settlements for our clients, including pain and suffering and other non-economic damages.
Call (800) 537-8185 now to tell us about your accident and injuries and discuss how our team can help. We may be able to pursue economic and non-economic damages on your behalf based on the evidence in your case.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.