What Factors Affect Pain and Suffering Damages?
What Factors Affect Pain and Suffering Damages?

When you file a personal injury lawsuit after being seriously hurt in an accident, your attorney might have you seek damages for pain and suffering. Pain and suffering is compensation for the physical and emotional stress caused by an injury.

The amount of pain and suffering damages you receive will depend greatly on the specifics of your case. Here are some factors that can affect your pain and suffering damages:

  • Severity of your injuries. The more severe your injuries from the accident are, the more likely you are to receive a higher amount of pain and suffering damages. If you suffered any injuries or trauma that are long-lasting or permanent, that can also affect the amount you can seek for pain and suffering.
  • Quality of life. If your injuries have significantly affected your quality of life, you might be entitled to more damages for pain and suffering. For instance, if you can no longer work, or participate in hobbies or day-to-day activities you enjoy, you could claim more for pain and suffering.
  • Your consistency and credibility. Some injuries are obvious, such as broken bones and burns, and can be easily proven via x-rays, MRIs or other scans. However, others—especially soft tissue injuries—can be difficult to prove through scans and tests. You will have to rely on your doctor’s reports, as well as your own ability to communicate how the injuries are affecting you. This means you will have to be consistent and credible. For instance, if you tell your doctor that you have pain in your back only when sitting, but tell the insurance company you have constant pain your back, you might be seen as inconsistent and unreliable. The insurance company will look for ways to question your credibility, so it is important for you to be as consistent as you can. Stick to the facts, and be honest about your injuries to everyone who asks.

“When you are hurt in an accident, the damages extend beyond your medical bills and property damage. An experienced personal injury attorney can help you recover compensation for the mental and physical pain you have endured as well,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an auto accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.

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