What constitutes pain and suffering in a personal injury claim in Louisville or across Kentucky? How is compensation for pain and suffering calculated in a personal injury settlement or verdict?
When a person is injured in an accident due to the negligence of another person they may file a personal injury claim to seek compensation for many financial factors associated with their injuries. These include but are not limited to:
- All past, present and future medical bills associated with the accident injuries
- Lost wages and compensation for the inability to perform the same work in the future
- Modifications to the home, vehicles and work environment of the injured party
- Compensation for “pain and suffering”
What constitutes pain and suffering in a personal injury claim? Pain and suffering is designed to compensate the injured party for having to endure their injuries, the recovery process and the impact those injuries have had upon the quality of their life. Pain and suffering applies to both physical pain and emotional stress or duress. These are “intangible” from a legal perspective, which means there is no obvious financial price which applies to these factors.
Insurance companies often attempt to under-value pain and suffering. The base factors applied by the insurance industry is the medications and medical care prescribed and the duration of the pain and suffering. Broken ribs are a perfect example. The medical bills associated with broken ribs is often quite minimal. They wrap the injured party in supporting bandages, and recommend ice and rest. The insurance company will suggest “we’ll cover your medical bills and provide 50% more for your suffering.” This is a fraction of the actual impact of the injury and true value of this type of personal injury.
Broken ribs are quite painful and impact not only a person’s ability to work, but every single breath they draw for weeks.
The experienced personal injury attorneys at HLH stand up for our clients to ensure they receive full and fair compensation for all of the aspects of their personal injury case including pain and suffering. We invite you to review the strong recommendations of our clients and the legal industry and contact us or call 502-583-9701 to speak with one of our attorneys personally for a free consultation. Learn why it is so important to have an attorney and how we can make a substantial contribution to the success of your case.