Settling personal injury cases related to truck accidents can be a very complex matter. There is often more at stake than obvious damages, since injuries can be extensive, making claims of pain and suffering part of an injury claim as well. Determining pain and suffering can be particularly challenging and require the help of personal injury attorneys to obtain a fair settlement for victims of truck wrecks and other accidents.
What is Pain and Suffering?
Physical damage and injury is part of any accident claim, as is a non-physical claim for related pain and suffering. Physical injuries caused by any type of accident can lead to suffering in the form of mental and emotional anguish as a direct result of the accident. Pain and suffering takes into consideration the psychological toll that truck accidents inflict on a victim and any negative changes experienced as a result.
Calculating Pain and Suffering Value
There is no established value for pain and suffering, since every person's experiences is different. Because of this, determining a settlement amount in cases involving truck accidents can be difficult. Some effects may include: the victim’s mental and emotional condition; any lasting physical effects caused by the accident; and also any additional psychological effects that may affect their future activities.
Some important considerations to be considered when determining the value of pain and suffering in truck wrecks include the following:
- Pain or medical care that reduces activities of daily living.
- Need for help getting to and from work or running errands.
- Loss of work due to pain, depression, or other physical or emotional conditions.
- All of the above as it has affected immediate family members.
- Ongoing distress due to mental or physical distress relating to the truck wreck.
Pain and Suffering Settlement Considerations
The important thing for victims of truck accidents to understand is that claims for pain and suffering are dealing with an intangible aspect, one that is not easily measured. In spite of that fact, many accident victims are awarded money for demonstrated pain and suffering. With the help of an experienced personal injury lawyer, it is possible to make a claim for such intangibles to a representing insurance company. If the settlement offered is not sufficient, a lawsuit and trial may be necessary. By showing a jury how a victim has suffered in other ways beyond physical injuries, many claimants receive settlement for pain and suffering based on such evidence.
Those injured in truck accidents need the expertise of skilled personal injury attorneys to effectively represent them in such claims in order to receive a fair settlement that includes consideration for pain and suffering. Truck accidents can leave victims injured in ways other than just physical. For the best results and an appropriate settlement that includes consideration for pain and suffering, a injured person should seek the guidance of an experienced lawyer who understands how to best present an injury claim that will result in monetary reimbursement for pain and suffering.
I-45 Truck Accidents