Accidents happen every day. Sometimes they’re just a fender bender, resulting in more severe injuries. If you’ve been injured in an accident that wasn’t your fault, you may wonder if you can sue the other driver for pain and suffering damages. In this article, you’ll learn about damages anyone can claim in a lawsuit.
Mental Suffering
In some cases, the mental anguish caused by an injury can be more debilitating than physical pain. If you’ve been diagnosed with a condition like post-traumatic stress disorder (PTSD) after an accident, you may be able to recover damages for mental suffering.
While filing a mental suffering claim, you’ll need to provide evidence of the psychological distress caused by your injuries. This may include medical records, therapist reports, or testimony from family and friends.
This can be much easier when you hire a lawyer because they will know how to get this evidence and build a strong case. Besides their legal assistance, having a lawyer by your side can also help relieve some of the stress you’re feeling. Find an attorney good at noneconomic damages valuation to represent you in your case. They can calculate the value of your claim and negotiate with the insurance company on your behalf. This helps to ensure you receive the total and fair compensation you deserve.
When planning for a lawsuit, the attorney will investigate the case and will try to determine what types of damages may be available. They will also try to find evidence to support these damages, such as medical records or eyewitness testimony. Besides, they know the state laws well and will be able to tell you what types of damages you can claim in your particular case.
Loss Of Quality Of Life
This damage is based on the idea that your injuries have diminished your ability to enjoy life. For example, if you’ve suffered a back injury that prevents you from playing with your kids or going for walks, you may be able to recover damages for loss of quality of life. Other examples of this damage might include:
- Inability to participate in favorite hobbies
- Loss of ability to work
- Disfigurement
- Anxiety or depression caused by injuries
Mostly, the compensation will try to provide comfort for the psychological anguish and emotional distress you’ve suffered. It may not equal the damage done, but it will hopefully make your life a little easier.
Mortification
If you’ve been injured in a way that leaves you feeling humiliated or embarrassed, you may be able to recover damages for mortification. For example, if you’ve been in a car accident that resulted in visible scars, you may be able to claim mortification damages.
To succeed in a claim for mortification, you’ll need to prove that your injury goes beyond causing physical pain. You’ll also need to show that the injury has caused you psychological distress, such as anxiety or depression.
Punitive Damages
These damages are designed to punish the at-fault party for their negligence. For example, if a driver was speeding and caused a severe accident, the court may award punitive damages to the victim.
Punitive damages are typically only awarded in cases where the at-fault party’s behavior was particularly egregious. For example, drivers who were drunk when they caused an accident may be ordered to pay punitive damages. When determining whether to award punitive damages, the court will consider factors such as:
- How severe are the victim’s injuries are
- Whether the at-fault party showed a complete disregard for safety
- The at-fault party’s financial situation
- Punitive damages can be awarded in addition to compensatory damages or on their own.
Injury of Reputation
This implies that the plaintiff lost respect in the community because of their injuries. For example, if a person was in a car accident that resulted in visible scars, this damage can be claimed.
To file for this damage, you need to prove that your injury goes beyond causing physical pain and has caused you psychological distress, such as anxiety or depression.
Your attorney will know how to get the evidence needed to prove your mental suffering and build a strong case for you. It will help ensure you receive the total compensation you deserve.
Besides, having a lawyer by your side can also help relieve some of your stress. Find an attorney who is good at valuing damages to represent you in your case. They can calculate the value of your claim and negotiate with the insurance company on your behalf.
Ordeal By Litigation
This damage is awarded to a plaintiff who had to go through a trial. This damage is intended to compensate the plaintiff for the inconvenience, worry, and stress of going through a trial.
Your success in winning this damage will depend on how long and complex the trial was. If you had to go through a lengthy and complicated trial, you’re more likely to be awarded this type of damage.
It’s easy to win an ordeal lawsuit by litigation damage if you show that the trial put you through significant stress and inconvenience. This may include taking time off from work, missing important family events, or incurring additional expenses.
Grief
After an infringement of your rights, it is only natural to feel grief. If this feeling results from physical or mental injuries, you have the right to ask for damages in a court of law. When putting a value on your grief, the court will take into account:
- The type of injury you sustained
- Whether someone’s negligence caused the death
- The relationship between you and the deceased
- Whether the death was sudden or expected
You need to speak to a wrongful death attorney if you’ve lost a loved one due to someone else’s negligence. They can help you file a claim and get the compensation you deserve. Through their experience, they know how to value life and will fight to get you the maximum amount of damage possible.
There are many different types of damages that a person can claim in a lawsuit. You may be entitled to compensation for your pain and suffering if you’ve been injured due to someone else’s negligence. An experienced personal injury lawyer will know how to value your claim and get you the maximum amount of damages possible.
