When Can You Seek Damages for Pain and Suffering?

When Can You Seek Damages for Pain and Suffering?

In every personal injury case, claimants seek damages that compensate them for their injuries. The standard damages are called “economic” damages, and include compensation for medical bills, prescription medication, rehabilitation costs, lost wages and other financial losses. However, there are also noneconomic damages, or damages that are not as easily calculated. A common type of noneconomic damage is pain and suffering.

Pain and suffering damages take into account the discomfort that the injured party experienced as a result of suffering an injury. This could include muscle and joint problems, ligament pain and other issues that might not be as easily visible as other types of injuries.

The obvious challenge with pain and suffering damages is figuring out exactly how to calculate an amount. It can be difficult to accurately measure the degree of pain or discomfort a person is feeling, so instead insurance companies have a scale in place that determines the amount of financial compensation a victim may receive based on the severity of injuries. No single method exists to calculate the figure, but insurance adjusters will use a variety of tactics to come up with an amount they feel is appropriate.

To be successful in seeking pain and suffering damages, claimants should keep extremely accurate records of all medical attention they have received, as well as when, where and how they experience pain and discomfort. This record should also include pain levels on a one-to-10 scale. This information can be helpful in demonstrating the extent of one’s injury.

For more information on pain and suffering damages and how they might play a role in your injury claim, speak with a skilled North Carolina personal injury lawyer at Lanier Law Group.


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