The pain and suffering claim refers to compensation for physical comfort and emotional distress that typically follows an accident. The compensation is awarded in consideration of the non-economic losses.
Various factors affect a pain and suffering claim. The amount of compensation that is received depends on the specifics of a case. In this post, we will explain important factors that affect compensation claim in car accident injury cases.
1. Liability of the Injury
The liability for a car accident injury is the foremost factor that affects a pain and suffering claim. You need to convince the jury that the defendant was liable for the accident that resulted in an injury. You won't get any compensation if the fault is not established. In other words, there is no compensation if there is no liability.
2. Doctor's Diagnosis
The extent of pain and suffering can be gauged by the diagnosis of the doctor. Only a doctor is permitted to testify in the court regarding the diagnosis. The jury will hear the view of the doctor to establish the severity of the pain due to an injury.
If your doctor thinks that your injury is not severe, you can get a 'second opinion' regarding the injury. But too many 'second opinions' will make the jury think that you are doctor shopping for a better opinion that fits your perspective. This will negatively affect your injury claim.
3. Prescription of Pain Relief Medications
Prescription medications taken to ease the pain are a proof of the severity of the injury. The jury will regard the pain relief medications and the doses you ingested as a concrete evidence of your pain and suffering. It shows that the medical professional had believed that your injury was serious enough to prescribe pain relief medications.
4. Doctor's Visit after the Accident
Visits of a doctor following the accident is another evidence of pain and suffering. It shows that the injury resulted in additional medical expenses. It also serves as evidence that you required medical help to ease the suffering.
5. Decreased Quality of Life
In case the pain caused due to injury has seriously affected the quality of life, you will be eligible for more compensation. Your compensation claim will be higher if you can prove to the court that the injury prevented you to participate in your hobbies or perform daily activities.
6. Length of Recovery
The time it takes to recover from an injury is another factor that affects the compensation claim. It is vital evidence that will determine the amount that you will receive in case of an injury. The longer the recovery period, the higher will be the compensation for the car accident injury.
7. Character of the Plaintiff
You should know that members of the jury are not robots. They are humans who are influenced by emotions. This means that a number of factors that are not directly related to the case may impact their decisions. One such factor is the character of the plaintiff.
An experienced car accident lawyer knows the bearing of the client's character on the court outcome. That's why the lawyer will spend time with the client to work on the personality he or she projects so that it will not have a negative bearing on the case.
8. Consistency of the Testimony
Ultimately, the single biggest contributor that affects a claim for pain and suffering is the consistency of your testimony. How consistent you are on your account of the pain and suffering due to an accident caused by another will determine the credibility of your case. Your account of the intensity of pain should remain consistent over time.
The jury will evaluate the consistency of your account to know whether you are being honest. In case the plaintiff is not consistent with the testimony, the jurors will consider the person as less credible and honest with the claim.
The above are the common factors that affect the car accident injury claim. Other factors that can affect the claim include the following.
· Partly at fault for the accident that had resulted in the injury
· Not following court procedures to file a claim
· Disorganization on your part
· No witness that can support your claim
· Willingness of the insurance company to grant your claim
How to Claim Damage in a Car Accident Injury Case?
Damages for a car accident injury case do not just compensate for lost wages and medical bills. They also bear non-economic losses including physical pain and emotional suffering. Non-economic damages are distinct and not easy to quantify. At Christopher Jackson Law, we help clients get maximum possible compensation for economic and non-economic damages due to injury.
To claim compensation for damage due to an accident, it's important that you contact a car accident attorney soon after an accident. All states in the US have statues of limitations. These set a limit on how long you can wait before filing a compensation claim. For car accident injury cases in Kentucky, you have one year after an accident to file a claim. However, it's wise to contact an experienced car accident attorney right after the accident to bolster your chances of success.
Car accident attorneys at the Christopher Jackson Law firm will fight to hold those responsible for an accident accountable. Our seasoned attorneys will help you in getting the maximum possible compensation that will cover lost wages, medical bills, physical pain, and suffering.
In case you have been seriously injured in an accident caused by another person, and you want to discuss your options, you can get in touch with us for a free consultation. Our vehicle accident attorneys in Kentucky will make sure that you get adequate representation of your case thereby increasing the chances a positive case outcome.