A car accident can leave you with more than just physical injuries. The emotional and psychological impact of a collision can be significant and have a devastating impact on your daily life and well-being. If you’re suffering after a crash caused by someone else, you may have the right to compensation for your pain and suffering. However, securing compensation for pain and suffering is challenging and requires a strong legal strategy.
The South Dakota car accident attorneys at Turbak Law Office, P.C. have the experience and resources to help you make a robust case for pain and suffering compensation. Our lawyers can gather the necessary evidence and present it in a compelling way to maximize your chance of recovering fair compensation.
What Does “Pain and Suffering” Mean in a Car Accident Claim?
In a car accident claim, “pain and suffering” refers to the physical pain and emotional distress you experience as a result of a crash. This includes the immediate pain from your injuries and any ongoing discomfort or chronic pain. It also covers mental health conditions many people experience after an accident, such as anxiety, depression, and loss of enjoyment of life.
Unlike medical bills or lost wages, compensation for pain and suffering falls under the category of “non-economic damages.” That means they don’t have a specific dollar figure. Instead, your non-economic damages reflect the accident’s broader impact on your overall well-being. Proving these losses can be a challenge, but they are essential for getting compensation for the full extent of your suffering.
What’s Included in Pain and Suffering Damages?
First, a quick reminder: “damages” refers to the compensation you receive in a personal injury claim to make up for the harm you’ve suffered due to another party’s negligence or wrongdoing. “Negligence” happens when someone fails to take reasonable steps to prevent the incident that led to your injuries. Negligence that can cause a car accident includes everything from speeding to tailgating and failing to yield the right-of-way.
If you can prove someone caused a car accident and injured you because of their negligence, you can seek compensation for your subjective losses. These losses may include:
- Physical Pain: The immediate and ongoing physical discomfort resulting from your injuries.
- Emotional Distress: Anxiety, depression, and other mental health issues caused by the accident and its aftermath.
- Loss of Enjoyment of Life: Inability to engage in hobbies, sports, and other activities you once enjoyed.
- Chronic Pain: Long-term pain that affects your daily life and ability to function normally.
- Sleep Disturbances: Insomnia or other sleep problems resulting from physical pain or emotional distress.
- Scarring and Disfigurement: Permanent physical changes that impact your appearance and self-esteem.
- Loss of Consortium: Negative effects on your relationship with your spouse, including loss of companionship and intimacy.
- Post-Traumatic Stress Disorder (PTSD): Ongoing psychological trauma that affects your ability to cope with everyday situations.
- Humiliation and Embarrassment: Emotional suffering due to the changes in your physical appearance or abilities.
- Cognitive Impairments: Difficulties with memory, concentration, or other cognitive functions resulting from head injuries.
- Loss of Independence: The need for assistance with daily activities that you used to perform independently.
- Reduced Quality of Life: Overall decline in your ability to enjoy and participate in life’s activities.
- Impact on Relationships: Strain on personal and family relationships due to the emotional and physical changes you’ve experienced.
How Do You Prove Your Pain and Suffering from a Car Accident?
Proving pain and suffering from a car accident can be challenging because these losses are subjective and intangible. Unlike medical bills or lost wages, pain and suffering don’t come with a receipt or a clear dollar amount. Instead, you must provide evidence demonstrating the extent of your physical and emotional hardships. Here are some types of evidence that can help prove your pain and suffering:
- Medical Records: Detailed documentation of your injuries, treatments, and ongoing medical care can show the extent of your physical pain and your injuries’ impact on your daily life.
- Personal Journals: Keeping a diary of your daily pain levels, emotional state, and how your injuries affect your activities can provide a personal perspective on your suffering.
- Psychological Evaluations: Reports from mental health professionals can help demonstrate the emotional and psychological impact of the accident. For example, your mental health counselor can note any indications of anxiety, depression, or PTSD you experience.
- Testimony from Family and Friends: Statements from those close to you can provide insight into how your injuries have changed your behavior, mood, and quality of life.
- Expert Testimony: Medical experts can explain the severity of your injuries and the expected long-term impact on your physical and emotional health.
- Photographs and Videos: Visual evidence of your injuries, recovery process, and any visible scarring or disfigurement can help illustrate your pain and suffering. Photos of your scars, for example, can help illustrate how they have affected your self-esteem and mental health.
Are There Limits on Compensation for Pain and Suffering?
South Dakota law explicitly allows injured people to seek compensation for pain and suffering, along with other non-economic damages, in a personal injury claim. In general, there is no limit on the compensation you can recover in these cases. State law only limits compensation for non-economic damages in medical malpractice cases.
How Turbak Law Office, P.C. Can Help You Claim Compensation for Pain and Suffering
At Turbak Law Office, P.C., we understand the profound impact a car accident can have on your life. Our South Dakota car accident lawyers are dedicated to helping you seek fair compensation for your pain and suffering.
Our experienced team will work closely with you to gather the necessary evidence to support your claim. We will document your injuries, consult medical experts, and compile accounts from your friends and family to demonstrate the extent of your physical and emotional hardships.
We can handle all the legal complexities of your car accident claim so you can focus on your recovery. From negotiating with insurance companies to representing you in court (if needed), we can fight on your behalf for fair compensation.
Let Turbak Law Office, P.C. help you through this challenging time and handle the task of getting you fair compensation. Call 605-886-8361 or complete our online contact form for a free consultation.