Pain and suffering can increase damages assessed in a personal injury case

Personal injuries, especially those that are catastrophic, can have lasting negative effects on the victim. The amount in damages varies depending on the injury. With permanent injuries however, pain and suffering can be a large portion of your settlement.

With any personal injury case, strong evidence proving the defendant’s negligence is essential. This evidence can be in the form of police reports, photos/ videos, witness statements, medical records, etc. Solid evidence further increases the chances of a higher settlement amount. However, when plaintiffs seek substantial pain and suffering damages, they also have to show how their injury reduced quality of life.

If you have a serious and life-changing injury, Uplift understands the value of your claim. We offer the lowest lawsuit loan rates on serious injuries with pain and suffering damages. Apply online or give us a call at (800) 385-3660.

Determining Pain and Suffering in Personal Injury

Lawsuit funding companies factor in pain and suffering when valuing your case. These damages are calculated in excess oof medical treatment, property damage and lost wages. With long-term or catastrophic injuries, it can get a bit tricky.

With long-term disabilities, courts often consider externalities of the injury. Determining the worth of these damages is far less straightforward. Of course, a victim’s quality of life is negatively affected by the accident. But determining fair compensation for this loss is tough.

Here are some examples to help you better understand the specifics of these damages:

Example 1: Amputation Resulting from Car Accident

Henry was 28 years old, fit and full of life. He worked as a construction worker and was on his way to a promotion. He was known as everyone’s friend and confidant, and was always socializing and enjoying himself. One day, while on his way home from hanging out with friends, a drunk driver ran a red light and crashed into him. The accident caused Henry’s car to flip, and his arm got caught under the vehicle. Due to the injuries he sustained, his arm had to be amputated. As a result of the amputation, Henry could no longer perform at his job, and his overall happiness was affected.

Henry decided to file a claim against the negligent driver, for the costs of his medical treatment and therapy, personal expenses and pain and suffering. His attorney later discovered that the bar that served the driver continued to serve him, even after witnesses claim he was belligerent and too intoxicated. His attorney then decided to open suit against the bar as well.

During the trial, attorneys estimated the cost of future medical treatment and therapy. They also evaluated Henry’s potential income if he had been able to continue work (based on possible promotion, overtime and bonus pay).

Friends of Henry testified that his once joyful and engaging demeanor changed into a hostile and cold one. Henry was no longer able to feel the joy and love of friendships he once had.

In order to avoid trial (and knowing that the evidence was stacked against them), the driver and the bar decided to settle. Settlement compensation covered Henry’s cost of medical treatment and therapy, personal expenses, lost wages and pain and suffering.

Example 2: Injury Causing Paraplegia

John was 42 years old and in great health. He worked as a mailman for 20 years, and was known to the community as outgoing and friendly. John was happily married to his wife of 15 years, and two kids. One night, while at a restaurant with his wife, John slipped and fell on the wet floor. The fall resulted in spinal cord damage, which led to paraplegia. The paralyzation of his legs effectively ended his career as a mailman.

John decided to sue the restaurant for negligence, as there was no wet floor sign where he fell. During the pre-trial, his attorney discovered that other customers complained about the wet floor prior to John’s fall, but the restaurant ignored their complaints.

John testified that the injury ended his career, a career that he loved. His wife testified that the injury affected their intimacy and overall quality of relationship. Their kids testified that their father was not the same after the accident, and that it took away the closeness of their relationship as well.

His attorney calculated the current and future medical costs, personal expenses, lost wages and pain and suffering to determine how much settlement was owed. To avoid trial (and knowing the evidence was stacked up against them), the restaurant agreed to settle.

Uplift Legal Funding

Are you or a loved one suffering from a permanent injury or disability as a result of another party’s negligence? Uplift Legal Funding will provide you with the financial assistance you need to make it through settlement. Apply online or give us a call at (800) 385-3660. Friendly Uplift representatives are happy to help you with any questions you have.