A truck accident is an emotionally-charged event, which often leads to many questions about the severity of those injuries. Calculating pain and suffering after a truck accident can be complicated. Suppose you have been in an accident in Indiana and need some assistance in getting the compensation. In that case, we suggest you hire a truck accident lawyer in Indianapolis.
Our article below will help you determine what kind of compensation you might qualify for after a severe injury related to a truck accident.
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What Are Pain and Suffering?
Pain and suffering, also referred to as damages, are two separate terms often used interchangeably. They are two very different things:
Pain is an emotionally-charged, physical sensation we all experience when we’re in pain. Suffering is the emotional price paid for having pain. Pain can range from mild to extreme, depending on the circumstances and severity of each individual’s injury. Suffering can range from mild to extreme, depending on the circumstances and severity of injuries suffered by a person.
Pain and suffering are both elements of a personal injury claim that measure compensatory damages (compensatory damages compensate for a loss or injury). The concept of compensatory damages is simple: you get compensated for your injuries. The legal theory behind compensatory damages allows an injured person to recover money for their physical, emotional, and mental pain and expenses related to the injury.
The Category Can Account for Many Types of Harm, Including:
- Physical pain
- Emotional pain
- Mental anguish
- Sleep loss
Pain and suffering will be different for every victim. It’s based on how severe the person’s injuries were and how it was caused.
Is it Difficult to Calculate the Value of Pain and Suffering?
Superficially, pain and suffering may not be easy to calculate. However, personal injury cases are tricky because pain and suffering are something that each person experiences differently. Some victims might be fine with a smaller settlement because they don’t understand their needs. For others, smaller settlements aren’t enough to compensate for lost wages and future medical bills.
How Are Pain and Suffering Calculated?
Pain and suffering can be difficult to calculate because every case is unique, as are each victim’s injuries, pain level, and circumstances. Pain and suffering damages are calculated using a set of guidelines known as the “five elements of damages.”
The Five Elements of Damages Include:
- Physical injuries, including scarring or disfigurement, disabilities, and other impairments
- Emotional pain, which is the psychological harm directly related to physical injuries
- Emotional distress, which is emotional pain caused by emotional pain
- Lost earnings, which are lost wages and/or income opportunities that are related to the accident or injuries
- Medical expenses
The amount of compensation for each element will vary depending on the circumstances of your case, but we can help you with those calculations if you want us to do it for you.
How Can You Prove Your Pain and Suffering?
- From a formal diagnosis: Medical professionals can recommend a certain figure based on the severity of injuries and your condition, and the length of time after the accident that you’ve been to a doctor. Medical records may contain information about your pain and suffering. Your doctor can also write a letter to the insurance company with recommendations for awards based on their examination of you and knowledge of your condition, which is also admissible in court.
- From a witness/witnesses: Witnesses to the accident or a victim’s reaction to being injured can provide evidence of a person’s injuries and pain. Your family may see how you’re suffering, or your friends are suffering because of your injuries. You may also be able to show the extent of your pain through an assessment from a doctor.
- Through the use of photographs or videos: Photographs, videos, and other documents showing injury can help guide the extent of a person’s injuries and pain and suffering. The more visual evidence you have to support your claim for pain and suffering, the better our case will be in pursuing compensation for damages related to a truck accident in Indianapolis and all Indiana cities.
- Testimony: The testimony of doctors and witnesses is the most common way pain and suffering are proven in court, but it’s not the only way. A victim can also submit an affidavit from a witness that describes what they saw or experienced (i.e., how they were treated at the hospital and how that caused pain and suffering).
What Can I Do to Get the Fair Compensation I Deserve?
You should be prepared to discuss your injuries in detail to get the compensation you deserve for your pain and suffering after a truck accident. Also, look for a Truck Accident Lawyer in Indianapolis, Indiana. Experienced lawyers can make sure your pain and suffering are correctly calculated. They can evaluate your case to determine if you deserve a fair settlement for the injury you’ve suffered.
A truck accident attorney can also be helpful for many other reasons. For example, when you hire an experienced lawyer, you get someone on your side who will fight for your compensation and against insurance companies. When they take that extra step in your favor and fight on your behalf, it saves you money in the long run by earning more money through settlements and legal fees. It also keeps you from dealing with an insurance company acting as an advocate for their clients and not on your behalf.
Also Read: What is the Average Settlement for a Truck Accident in Indianapolis, Indiana?
Why Should You Call The Karpe Litigation Group For Assistance In Pain And Suffering Compensation?
The Truck Accident Attorneys at Karpe Litigation Group will handle your case quickly and efficiently. They know you have been through a lot and are in pain due to the truck accident. They understand what it means to be injured and how you feel. Their goal is to get you the maximum compensation. Still, they also consider how your financial situation may impact your ability to recover physically and emotionally after your truck accident in Indianapolis.
They are the best lawyer for truck accidents in Indiana because of their over two decades of experience representing people injured due to the negligence of truck drivers, airline companies, and other businesses.
The Truck Accident Attorneys at Karpe Litigation Group are not only the best in Indianapolis and Indiana but also available to help you in Arizona. They have helped thousands of people, and they can help you too! Call them today to get a free case evaluation.
FAQ
Question 1. Why Do i Need a Lawyer to Get My Pain and Suffering Compensation After a Truck Accident?
Answer 1. You must speak to an experienced attorney, even if the trucking company has offered to pay for your damages. Why? Because these cases are complicated and confusing, mistakes can be made – such as not having enough evidence or not getting the best settlement possible. Why take a risk when you don’t have to? The best way to handle a case like this is by hiring an attorney who specializes in getting compensation for people injured by trucks.
Question 2. What are Some of the Symptoms I Should be Aware of After My Truck Accident?
Answer 2. You will likely feel soreness, pain, and other physical symptoms in different areas of your body. You may also experience pain or loss of function in your hands, arms, legs, shoulders, back, and neck that may cause a sense of heaviness or restriction in your neck and upper back. Suppose you have neurological issues such as balance or difficulty walking after the accident. In that case, these can be reported by your doctor to an attorney to add to your case for pain and suffering compensation.
Question 3. How Will My Truck Accident Lawyer in Indianapolis, Indiana, Assess My Case?
Answer 3. Your lawyer will determine the monetary value of your claim by assessing your pain and suffering using a method called “Punitive Damages.” These damages are used to punish the wrongdoer for their actions resulting in your injuries. Punitive damages are not awarded in every case and are determined at the attorney’s discretion.