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AND SURROUNDING COUNTIES

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Personal Injury Claims: Pain and Suffering Damages

June 19, 2015

There is more to filing an insurance claim than just for damage caused during an accident. Some people involved in an accident suffer injuries that last long past the time of the incident. Some claimants suffer injuries as a result of a fall, accident, defective device and/or are victims of medical malpractice. Those suffering long term pain could file a pain and suffering claim to receive compensation for their long term discomfort.

 

Calculating

 

Because it is near impossible for others to know how much pain and suffering one victim is experiencing, it is difficult to calculate the level of compensation the victim is entitled to. Because of this, most insurance companies have started utilizing a scale to help determine how much financial compensation individuals are entitled to, based on their injury.  

 

Requirements

 

When filing a pain and suffering case, the claimant needs to do everything possible to prove he or she is experiencing pain and that the effects could be long term. The claimant needs to keep detailed records, including pain levels, doctor’s appointments, charts, notes and prescriptions. This will help show the judge and/or jury the medical treatment needed, associated with the injury, and could help others related to the levels of pain that the claimant is experiencing.

 

Photographs of the injury and/or accident will help when filing a claim. A detailed journal kept by the claimant is also a great piece of evidence to help prove pain and suffering. Things to keep track of in the journal include levels of pain, missing work, missing family activities and other ways the injury has impacted the claimant’s lifestyle.

 

Compensation

 

When an offer has been made it is important for the claimant to make sure that the amount of compensation being offered is fair. But what is really fair? The amount being offered as compensation should cover all past medical bills, future medical bills, time off from work and other financial responsibilities of the claimant that are being missed due to the injury. A personal injury attorney will be able to help ensure the amount of compensation is fair.

 

Those who have been injured and believe they are entitled to pain and suffering compensation should seek the assistance of a Tampa area personal injury attorney. The attorney can help estimate how much compensation is due to the claimant and will know the procedures to filing a pain and suffering claim with the courts.

 

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