Pain and Suffering Claims

Sep 25, 2014 | Personal Injury

In most cases, a personal injury lawsuit will seek compensation for the plaintiff’s pain and suffering. These damages are awarded at the discretion of the jury in a case that goes to trial, or they can be negotiated with the insurance company as part of a settlement. Each case is different, and the amount of compensation will vary depending on many factors.

When Geoff McDonald & Associates assists you and your family, you can be assured that we will pursue every opportunity for obtaining compensation for you, including damages for pain and suffering.

To learn more, please contact our Richmond injury lawyers today by phone or through our online form. We serve clients in Richmond and across Virginia. Our initial consultations are always free.

Evidence to Support a Pain-and-Suffering Claim

Pain and suffering are individual experiences that cannot be precisely measured. The amount of compensation a personal injury victim deserves for his or her pain and suffering generally must be inferred from the nature of the plaintiff’s injury.

An extensive injury, permanent disability, lengthy recovery, scarring and disfigurement are all factors that can weigh in favor of pain and suffering damages.  A pain and suffering award may reflect past and future suffering.

It is the job of a personal injury attorney to persuade a jury or an insurance company of a client’s pain and suffering. This is typically done by presenting evidence that reflects medical details of the client’s injury and the treatment required, including:

  • Emergency care
  • Surgery
  • Convalescence
  • Rehabilitation (physical, occupational and vocational therapy)
  • Psychological therapy
  • Chronic pain, disfigurement or disability the client continues to suffer.

Evidence to support a pain-and-suffering claim may include:

  • Accident and police reports
  • Medical records
  • Expert medical testimony
  • Job or school records indicating extended absences
  • The client’s testimony and/or journal entries, photographs and video, describing the accident, injury and recovery
  • Family and friends’ testimony about the client’s recovery and its effect on his or her life or family relationships.

The jury hearing a personal injury claim has the task of finding a dollar amount that reflects a plaintiff’s pain and suffering. In many cases, a jury will determine a pain-and-suffering award by doubling or tripling the amount awarded for economic losses such as medical expenses, property damage and lost wages.

Contact a Richmond Attorney

The attorneys and investigators at Geoff McDonald & Associates have been helping injured clients and their families in Richmond and throughout Virginia for more than 25 years. We understand the pain and suffering that accident and injury victims suffer, and we know how to effectively communicate the full extent of our clients’ pain and suffering when we present cases to juries and insurance companies.

We offer all clients our No Fee Guarantee.® You will not pay us unless we collect compensation for you. To learn more, contact us today and arrange for a free consultation about your case.

Geoff McDonald and Associates: 804-888-8888.

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