A pain and suffering lawsuit is when an individual or company sues someone for physical or emotional discomfort. Pain and suffering lawsuits are different from other types of cases. The plaintiff does not need to prove that the defendant was negligent but instead must show that they experienced emotional distress. This post will cover six things that you should know if you are about to embark on a lawsuit of this kind.
What Is A Pain And Suffering Lawsuit?
A pain and suffering lawsuit is a civil lawsuit that arises from a physical injury. This type of lawsuit seeks to recover for the mental and physical pain and any lost wages or diminished earning capacity that the plaintiff has suffered. For a person to have a successful pain and suffering lawsuit, they must have been injured somehow. Injuries may range from car accidents to slip-and-falls. The most common injuries are those that result in broken bones or other serious bodily harm. Suppose you want to bring about civil litigation. In that case, there are 5 things you need to know about suing for pain and suffering and these include the need to hire a good lawyer, understanding how to calculate your suffering, understanding that insurance companies will continually attempt to pay the lowest amount possible, many states retain limits on this type of lawsuit, and finally that proving your pain and suffering can be a challenging task. Fortunately, this post will cover all of these points in more detail, including an additional issue that could help you to maximize your compensation.
Collect And Preserve As Much Evidence As Possible
A pain and suffering lawsuit is a type of personal injury suit that you may file against a person or company who has caused you or your loved one to suffer pain, mental anguish, and other similar injuries. In this suit, you seek financial compensation for your losses, such as medical expenses and lost wages, along with damages for emotional distress. To this end, you must ensure to collect as much evidence as possible from the incident scene, which could help you when you go to court. Because pain and suffering can be complex to prove, you will need to gather as much evidence as possible to confirm the injuries you have sustained. It can range from witness statements to photos, but the key is collecting them all and keeping them safe. Additionally, you will want to note down all medical expenses and, if possible, ask your doctor to write a note detailing your injuries. Once you have this information, you can move on to the next step.
Hire A Good Lawyer
You should look around and book consultations with a few law firms to see what they can do for your situation. You must choose a lawyer who has experience with your specific case, as this will increase your odds of achieving a favorable outcome. For example, if you are stuffing from a botched medical p[roceedure, your attorney should be competent in the field of medical malpractice. On the other hand, if your injuries were sustained from work, a lawyer with workers’ compensation experience is a better choice.
Comprehend The Difficulty In Calculating Suffering
In this step, your lawyer should be able to assist you, but because of the complexity of this step, you might find it challenging to present your case in court. Nonetheless, if you know what is involved and how you might have to prove yourself, you should have a better chance of succeeding.
You Can’t Trust Your Insurance
Your insurance company is not your friend and, as such, will attempt to provide you with the lowest amount possible. Therefore, it is in your interest not to take the first offer they provide you with. Again, this is where your lawyer should be able to advise you on the best course of action.
Your Compensation May Be Limited By Your State
Each state has its own laws governing this type of litigation. Therefore, if you are attempting to sue in these states, you will only have the option of suing for a certain amount:
- California: $250,000
- New Hampshire: $875,000
- Ohio: $250,000
- Maryland: $350,000
Proving You Suffer From Pain Is Challenging
Because each individual has different pain thresholds and mental toughness, it can be a challenge to quantify your suffering. This is where your evidence will come in handy. If you can present this evidence to a judge, they may conclude that your injury is known to cause a lot of pain.
Although this form of litigation can be tricky to succeed with, it doesn’t mean that you will fail. If you have a great lawyer, collect evidence, and understand the obstacles in your way, you should accomplish your goal.