In a personal injury accident, pain and suffering does not include medical bills. Instead, pain and suffering may refer to physical pain and emotional or mental distress that you experience during recovery. Some cases also involve abrupt changes in quality of life, such as loss of consortium, loss of joy of life, or permanent disability. These types of damages are in addition to medical bills that you can claim.
Once you establish the at-fault party for your injuries and subsequent damages, your lawyer can help you determine your losses and how much your case is worth. Additionally, the insurance company may compensate you for pain and suffering, depending on how the insurance adjustor calculates the losses.
Examples of Pain and Suffering in a Personal Injury Case
Pain and suffering may include a range of physical or emotional issues that occurred as a result of your accident. Some of the most common examples of pain and suffering include:
Severe Ongoing Pain
The pain you endured after your accident may have lasted for several weeks or months. The discomfort you feel affected your daily life, ability to function, or your emotional or mental state of mind.
Emotional or Mental Distress
It is not uncommon for a person recovering from a personal injury to experience depression, anxiety, or post-traumatic stress disorder (PTSD). You may be able to claim your condition and any counseling or therapy you received.
Loss of Consortium
You or your loved one may have been deprived of a physical relationship, love, affection, parenting, or companionship due to the severity of your injuries. Loss of consortium can apply to both spousal or parental relationships.
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Proving Pain and Suffering
While pain and suffering may seem like a viable claim, it is often difficult to prove and even more difficult to calculate. To substantiate your claim, your attorney may gather documents or evidence such as:
- Medical records or doctor’s reports
- Photographs of your injuries
- Personal documentation such as a journal
- Expert testimony
- Proof of treatment from a mental health professional
It is important that you keep all of your documents during your recovery so that your attorney can build your case and formulate a legal strategy. Doing so will give you leverage when your attorney negotiates a settlement with the insurance company.
Recovering All Damages After Your Accident
In addition to pain and suffering, a personal injury lawyer can help you determine the total value of your losses. For instance, you may have accumulated a lot of medical bills, including ER visits, surgical procedures, hospital stay, physical therapy, prescription medication, or routine doctor visits.
If you have been out of work, you may also be able to account for any lost pay or benefits during recovery. In a disability case, your lawyer can help you estimate the value of your future lost earning capacity or benefits/retirement that you lost as a result of your injuries.
How a Personal Injury Lawyer Can Help You With Your Case
When pursuing compensation for pain and suffering, medical bills, and other damages, it is important to establish liability and case value. However, navigating the legal system can be difficult. Furthermore, the other party may deny any fault, or the insurance company may reject your claim.
A personal injury lawyer in Indianapolis, IN, can advocate for you and submit your case on your behalf. Your law firm can perform a variety of legal services such as:
- Provide consultation to avoid legal pitfalls
- Manage your entire case from start to finish
- Gather evidence to establish your claim
- Fight for a fair settlement with the insurer
- Represent you in court if you file a lawsuit
A legal team will come together to develop a legal strategy and fight to protect your rights. Furthermore, your attorney will work to get you the maximum compensation based on the value of your losses.
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Statute of Limitations for Personal Injury Claims in Indiana
According to Indiana Code §34-11-2-4, the statute of limitations on personal injury cases is two years, which means you have two years from the date of the accident to file a lawsuit against the at-fault party. Failure to act before the deadline may disqualify you from submitting your claim.
Your lawyer can help you fill out the paperwork and submit your claim by the deadline so that you are still eligible to receive compensation for your injuries.
Contact a Personal Injury Lawyer in Indianapolis, IN
If you are ready to move forward with your case, then contact Sevenish Law Firm, P.C. We offer comprehensive legal services for victims of personal injury accidents. We can represent you to take on the insurance companies and fight for an agreeable settlement for your pain and suffering, including medical bills and other losses. Call (317) 636-7777 for a free case review with a personal injury attorney in Indianapolis, Indiana.