6 Ways You Can determine the Pain and Suffering of the Victim in an Injury Case
When determining the amount of pain and suffering a victim has endured during an injury case, it is essential to remember that pain and suffering are subjective. It is difficult to allocate a dollar value to someone’s physical and mental anguish, but there are ways to come up with a good approximation.
The process of calculating the damages in a personal injury case is very complex, which is why you need to hire a lawyer. Only an experienced lawyer can calculate both the economic and non-economic losses of the victim. Here are some other things you can do to determine the amount for pain and suffering of a victim.
1. Looking at Their Medical Record History
When looking at an injury case, it is essential to consider the victim’s medical records because these documents provide evidence of pain and suffering. The comprehensive history of tests, treatments, and medical appointments gives a clear account of the physical and emotional damage inflicted upon the victim, which can often be more valuable than testimony in determining compensation for their injury. Medical record histories should be carefully considered when looking into any injury cases so that proper restitution can be provided.
2. Interviewing Family Members and Friends
Through this process, a better understanding of the emotional distress caused by the incident can be gained. Interviewing those closest to the victim can provide relevant information regarding how the situation has impacted their life, including a possible disruption in lifestyle. It is vital to note what is said and any nonverbal cues expressed that may indicate further trauma or distress. Thus, understanding through these conversations the pain and suffering experienced by the victim is critical when assessing appropriate damages in an injury case.
3. Taking into Account Any Permanent Disability
The level of physical, mental, and emotional distress that has been suffered and will be suffered in the future must be considered when assessing how much compensation must be paid for the injury. The degree to which a victim has been permanently impaired due to the incident is just as significant as anything else when deciding on a fair amount for their damages.
4. Estimating the Duration and Extent of Their Physical Pain
This often requires an expert medical opinion, such as that of a doctor or specialist, on behalf of an experienced attorney to assess the level of suffering given the type, severity, and longevity of an injury. Ultimately, this will inform how much financial compensation should be awarded to the victim for their pain and suffering. Understanding the short-term and long-term effects of any injury on a victim will provide legal counsel with critical insight into how to represent their clients in the court system best. Because of this detailed assessment, victims can be adequately compensated for the tragic injuries they have endured.
5. Examining the Loss of Wages Due to Hospital Visits and Recovery Time
It is essential to look at all evidence, such as the length of emergency room visits or payment records with doctors’ offices, to get a complete picture of the expenses incurred due to injuries suffered. Considering these financial factors helps paint a better picture of the victim’s hardships and aids in providing justice.
6. Reviewing Therapy Sessions after the Injury Occurred
Therapy allows the victim to reflect on what has happened, provide an account of the psychological impact and externalize their feelings. The therapist can also document salient observations when debating compensatory damage for one’s suffering. As such, it is crucial to involve a clinical professional to understand how injuries have derailed the claimant’s life.
Ultimately, it is best practice to use all available information to reasonably address this complex issue when determining pain and suffering.
