Injuries that accident victims suffer, including broken bones, soft tissue injuries, and head injuries, can lead to a significant amount of pain, suffering, and inconvenience – all of which may be compensable as part of a personal injury case. The amount of pain and suffering damages that an accident victim can recover in his or her personal injury case depends upon a variety of factors.
First, insurance companies will look at the nature and extent of the medical treatment which the accident victim received following the accident. Generally speaking, the more painful and extensive the medical treatment, the greater the potential pain and suffering damages.
Insurance companies will also look to see if the accident victim suffered a permanent injury in the accident. In other words, a health care provider must have determined, to a reasonable degree of medical certainty, that the accident victim sustained a permanent disability to a particular body part(s) in the accident – and that symptoms are expected to continue into the future. In a personal injury case, an accident victim may be compensated for both past and future pain, suffering, and inconvenience.
Contact a Knowledgeable Greenville Personal Injury Lawyer Today
The experienced legal team at Upstate Personal Injury Lawyers, LLC can help you make a claim for pain and suffering damages. For a free case evaluation and legal consultation with an experienced Greenville personal injury attorney, please give us a call at 864-532-4860 or contact us online for more information about how we can help.
Personal Injury FAQ
Who Decides the Amount of These Damages at Trial?
The trier of fact (usually a judge or jury) will decide what, if any, pain and suffering damages you can recover at trial.
Do These Damages Compensate Just for Physical Pain and Suffering?
Pain and suffering damages go not only to physical pain and suffering but also to emotional distress and mental anguish that the accident victim experienced. These damages can also be used to compensate an accident victim for loss of enjoyment of life or loss of the ability to use a body part.
Who Determines the Likelihood of Future Pain and Suffering?
A health care provider could opine as to the extent of pain/suffering an accident victim is reasonably expected to experience going forward.