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Compensation is for recovery | Pain and Suffering is because of an injury

Last updated Friday, August 27th, 2021

Compensation is for recovery | Pain and Suffering is because of an injury

Whenever we suffer a personal injury, it is traumatic. Trauma can have a detrimental effect on a person’s life, especially when it affects their family, career, and future. We have all heard stories on the news about football players getting head injuries in high school while earning a degree they can’t use because of that head trauma. Or the relative that fell off a ladder hanging Christmas decorations. 

The effects of an injury that prevents you from achieving your potential or moving forward in your career can be devastating. 

Regardless of who caused your injury, it is imperative you seek medical care as soon as you possibly can to ensure your safety. Call us today, and we will assist you in securing the support you may need in the near future, including pain and suffering compensation, to help you get through this difficult time.

It is prudent to remember that you may need that pain and suffering compensation money for future medical expenses, retraining and lost wages – insurance companies are notoriously reluctant to pay such claims – let us handle that challenge for you!  

Our law firm will put a qualified pain and suffering lawyer to work to ensure you get the compensation you deserve.

If you’ve been injured through no fault of your own, and someone else’s neglect or carelessness is the cause of your injury, you may be able to receive monetary compensation. Beyond medical expenses and lost wages, many people suffer additional consequences after an injury. These are commonly referred to as pain and suffering.

Most of the time, you can seek monetary compensation from the responsible party’s insurance company for pain and suffering experienced after an injury. You don’t need to be afraid to seek this compensation. 

You will get quality legal representation for pain and suffering settlement through an experienced pain and suffering attorney who has extensive legal experience in such cases and is not afraid to engage in aggressive negotiations with the insurance companies.

What is Pain and Suffering?

Pain and suffering compensation amounts are typically determined according to the extent of trauma that an individual has undergone after an accident. Therefore, it is crucial that we clearly understand what “pain” and “suffering” actually are.

Pain and suffering refer to the physical and/or psychological stress caused by an accident. This can include a variety of mental and physical injuries, but the most common are:

  • Physical pain as a result of injuries – Broken bones, scars, disfigurement, burns, soft tissue injuries, surgeries, etc. are all covered under this umbrella term
  • Emotional trauma like fear, anxiety, depression and grief
  • Indignity, mortification, embarrassment and humiliation
  • Loss of companionship, damage to reputation
  • Trouble sleeping
  • Inconvenience and financial hardship
  • Any other psychological injury, including an inability to do things you enjoy 

Pain and suffering accompany almost any injury or accident, and monetary damages can almost always be recovered. Through the analysis of thousands of pain and suffering compensation cases, and our decades of experience, we know how to cut through red tape and work with insurance companies and their attorneys!

Call us at (208) 466-0030 so our team can handle your case while you focus on healing your emotional and physical health.

How is Pain and Suffering Calculated?

Our personal injury attorneys have experience helping victims determine fair compensation for pain and suffering. Extenuating circumstances like long-term disabilities or pain, scarring, or continued mental anguish can increase the amount.

Compensation payout amounts are usually calculated after taking your special damages into account. An analysis of compensation for damages involves factors such as:

  1. How much the other party is at fault
  2. A medical record of your injuries
  3. The intensity of your pain
  4. Your diagnosis and treatment severity, as well as future prognosis
  5. Treatment that you may require in the future
  6. The extent and type of your permanent impairment
  7. How long it will take you to recover

The issue of pain and suffering can be both profoundly personal and extraordinarily complex. Thus, strong, reliable and accurate medical evidence is essential, failing which, it can be extremely difficult to calculate a fair compensation for pain and suffering. Our law office can provide you with such assistance if necessary.

A Skaug Law pain and suffering lawyer will work with you to gather evidence to prove the details of your unique situation, getting you the pain and suffering compensation you deserve after your injury. We look forward to speaking with you. Feel free to give us a call at (208) 466-0030 anytime to schedule an appointment.

How much settlement can I expect?

In most cases, you can sue for pain and suffering compensation up to a certain amount as most states have damage limit caps on these damages. In other words, such compensation – while substantial – in a lawsuit is limited.

For example, Idaho caps damages for pain and suffering at $250,000 (adjusted annually for inflation), except in certain cases such as willful or reckless misconduct. 

The state’s “modified comparative negligence” rule also bars any recovery if the plaintiff is at least 50% responsible for the injury. Any damages awarded where recovery is not barred are reduced by the degree of negligence attributable to the plaintiff. 

Pain can come in different forms depending on the type of injury. In many cases, jurors know someone who has suffered from a similar injury in the past. As a result, they often have a better understanding of the plaintiff’s feelings. It can help increase the compensation awarded.

How Do I Prove Pain?

If you’ve been injured, keeping a copy of all medical bills is, of course, the first place to start. The more documentation and evidence you have to back up your pain and suffering claim, the better your chances of receiving fair and just compensation.

  • Keep documentation of your injuries, including photographs and personal journals that record how you’re feeling, both physically and emotionally.
  • If you’ve been forced to change your lifestyle or to give up activities you’ve been accustomed to enjoying (gardening, playing with your grandkids, volunteering at a local school, etc.), be sure to keep a record of each time you are unable to participate.
  • Family and friends can provide a valuable testimony to your decreased quality of life, your pain, and the overall negative impact the injury has had on your life.

Discuss Damages with an Idaho Pain and Suffering Attorney

If you’ve been injured, you don’t need to face the challenge alone. Contact the friendly attorneys at Skaug Law for quality legal services today – our expert personal injury lawyers are equipped with the necessary knowledge and skills to assist you in maximizing your pain and suffering compensation.