How to Determine the Cost of Pain and Suffering in a Civil Case

Personal injury lawyers can help you to obtain financial compensation for an injury accident that you have recently suffered from. This may include everything from a medical malpractice event to a car accident, a dog bite, a slip and fall accident or something else altogether. While it is fairly straightforward to determine what your case may be worth regarding medical bills, lost wages and other tangible expenses, compensation for psychological injuries may be more difficult to determine. After all, you need to prove to the court that you suffered as a result of the accident, and the court will need to determine an arbitrary amount to compensate you for your pain and suffering. Many injury accidents can impact the victim through sleepless nights, adjusting to a disability, nightmares, issues with personal relationships and much more. There may also be a financial reimbursement for the physical pain you feel from injuries, surgical procedures, side effects from medication and other factors.

Documenting Pain and Suffering
Seeking emotional distress damages is a gray area, so it is not always possible to accurately estimate up-front how much the court may award you for the pain and suffering you endured. However, whether you are suffering from mental anguish or physical pain, it is important that you document pain and suffering in some way. This may be accomplished by obtaining medical records that show you were on pain medication for a period of time or that show your pain scale. You may document mental anguish through time you missed work, through therapy sessions or counseling and more.

The Length of Time You Were in Pain
Another factor that may be used to determine the cost of your pain and suffering in a civil case is the length of time you were in pain. Documenting physical pain is often easier to document mental anguish. Generally, the court will issue a per diem rate for each day you are able to document that your pain and suffering continued. This per diem rate may be determined by the court based on how much perceived pain you are able to document.

If one aspect of your civil lawsuit is to seek compensation for psychological injuries, working with skilled and experienced personal injury lawyers can benefit you. Experienced attorneys understand what it takes to prove to the court that you suffered emotionally as well as physically, and their services may be helpful in obtaining the highest award possible from the court. Therefore, if you plan to seek compensation for mental anguish or other forms of pain and suffering, search for an experienced personal injury lawyer as a first step.

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