If you are successful in proving the negligence of another party in your personal injury claim, you may receive a significant amount of compensation for the physical, emotional, and financial strains that you endured in the aftermath of your accident. These physical, emotional, and financial strains can be associated with a wide array of economic and non-economic damages. Read on to discover if you can claim the non-economic damage of pain and suffering in your lawsuit and how a seasoned Howard County personal injury attorney at Lloyd J. Eisenberg & Associates can guide you through this.
Can I claim pain and suffering in my personal injury lawsuit?
Put simply, you would be able to claim pain and suffering in your personal injury lawsuit if you experienced physical and/or mental suffering due to an accident that was of no fault of your own. Examples of both physical and mental suffering are as follows:
- Physical suffering: the physical pain that you feel in your day-to-day life following your accident.
- Your physical suffering causes you to permanently lose the function of a certain body part.
- Your physical suffering causes you to permanently lose your ability to provide love, affection, companionship, or services for your loved ones.
- Mental suffering: the non-physical pain that you feel in your day-to-day life due to your physical suffering.
- Your mental suffering causes you to feel embarrassed or depressed that you lost the function of a certain body part.
- Your mental suffering causes you to feel embarrassed or depressed that you lost your ability to provide love, affection, companionship, or services for your loved ones.
Can I calculate pain and suffering for my personal injury lawsuit?
Usually, upon reviewing your evidence and hearing your case, the Maryland court will determine the net total of financial compensation that you require to heal. However, the evidence that you provide to the Maryland court, like your medical bills, pay stubs, property damage bills, etc., will likely be in reference to your economic damages. And there is no real tangible evidence that will likely be in reference to your non-economic damages, like your pain and suffering.
For this reason, the Maryland court will likely rely on your testimony and any relevant testimony given by witnesses. For example, your loved ones can offer testimony regarding the services that you used to provide for the household and that you can no longer accomplish after incurring injuries and damages from your accident.
You must have a strong legal strategy in order to retain the full amount of compensation that you need to cure your pain and suffering. With that being said, you must hire a competent attorney from our Howard County personal injury law firm as soon as possible.