Past pain, suffering and disability incurred as a result of a car accident, are recoverable in a personal injury case. Passengers or drivers in automobile collisions often have pain, suffering, and disability or disfigurement, which includes any physical pain, humiliation, embarrassment, worry and distress suffered due to the accident. The jury considers to what extent the injuries impair the ability to enjoy the normal activities, pleasures, and benefits of life. Our attorneys always make sure the injury’s impact is accounted for and we never settle a case without the client’s thorough understanding and explanation of the injuries. We include a claim for the sum of money will fairly and reasonably compensate an injured person for past pain, suffering and disability or disfigurement from the date of the accident to the present time.
The negligent driver’s insurance company is responsible for the sum of money that will reasonably and necessarily compensate the injured person for the pain, suffering, and disability or disfigurement one has suffered as result of the accident or collision.
Generally pain and suffering is not something that can be measured or tested. To establish the value, we start with medical records and bills, but there is much more. In addition to our client the injured party testifying, more importantly we seek testimony from the injured person’s family and friends to explain how the injuries have negatively impacted a person’s life. We describe the location and nature of the pain and the related range of motion limitations. Then, how are a person’s work duties and household chores and yard duties are affected. Next, what recreational, sports or hobby activities are impacted. Then we discuss personal care, hygiene, dressing and dining. Finally, how have the injuries affected one emotionally in terms of interpersonal relationships and psychologically with mental abilities and memory. Items are explained in terms of what cannot be done at all anymore and what can still be done but with difficulty or pain.
In Milwaukee, Wisconsin McCormick Law Office attorneys get the best results for past pain, suffering and disability by reviewing certified medical records from your doctor, physical therapy, surgeon, hospital, radiologist, emergency room and other clinics. The medical records are regarded as honest and trustworthy documentation of pain and range of motion limitations, especially in therapy notes and doctor’s narrative reports. Over treatment can harm a claim and make it more difficult to settle a case for top value. In settlement or trial preparation, we take great care in assembling quality proof to get the largest settlement value, we always respect the process and weigh that the cost of proving the case is affordable to the client in auto accident or collision cases.
