Serious incidents are almost always traumatic for victims. Not only can they suffer physical injuries, but the event can also take a toll on their emotional well-being. These injuries can create worries for the victim and their family, especially regarding the financial cost of recovery. Fortunately, victims can seek compensation for pain and suffering.
How can I support my claim?
There are two types of personal injury pain and suffering: physical and emotional. When proving physical injuries, claimants can provide medical records, documents proving lost wages and incident reports. Emotional suffering is more difficult to establish but can be proven by evidence such as testimonies from doctors and mental health professionals. The injured individual can provide other applicable evidence depending on the facts of their case.
How is it calculated?
It is difficult to say how much an award will be since every case is unique and people experience pain and suffering differently. So, how does the court measure damages for these? If the court decides to award damages, it will base the calculation on the following factors:
- Type, extent and permanency of the injury
- Prescribed medication
- Duration of recovery
- Aggravation of preexisting conditions
One thing to note is that while Indiana does not limit damages awards specifically for pain and suffering, there is a limit for state and medical malpractice claims.
Knowing that it is possible to receive compensation for the pain and suffering caused by an injury can give an injured party relief from financial burdens. To increase the chances of receiving an award, it is best for the claimant to prepare all the necessary evidence that can strongly build their case.