There are many complicated aspects of personal injury cases including whether or not pain and suffering damages are available. The best way to get an answer is to contact a personal injury attorney and request a free legal consultation. This will give you answers about your specific case. Otherwise, keep reading to find out the basics of these types of situations.
Who Are You Suing?
If you were injured while on the job and are filing a workers’ compensation claim then you would not be eligible for pain and suffering. This is one of several downsides to filing a workers’ compensation claim instead of a personal injury claim. While workers’ compensation does not require that you prove anyone else is at fault, it does mean no damages for pain and suffering, lower damages for lost wages, and overall lower damages than you may get in court at a typical personal injury case.
What Were Your Damages?
It is often difficult to prove a case of pain and suffering if that is your only damage. For example, if you were involved in a car accident and received no physical injuries, it may be difficult to prove that you suffered pain and suffering such as panic attacks and stress due to the accident. On the other hand, if you were injured significantly in the accident then the pain and suffering are much easier to prove. Essentially, you would need to prove that you were injured and it would follow that those injuries came with pain and suffering.
Are You Planning to Settle Your Case or Take it to Court?
If you settle your case, the insurance company may or may not make allowances for pain and suffering. This could be a deal-breaker for you or it could be fine. For example, if they are willing to pay all your medical bills, lost wages, future medical costs, and modifications necessary due to your injury, this may be worth taking instead of fighting it in court.
On the other hand, if you take your case to court then you can ask for whatever you would like – including pain and suffering. A sympathetic jury often approves significant awards for pain and suffering. However, this can be a gamble because you could end up losing the case altogether.
Get Answers to Other Questions About Pain and Suffering
Now is the time to contact Law Offices of Fernando D. Vargas at 909-982-0707 to find out more about how pain and suffering can affect your case. If you have been injured, or have lost a loved one, then it is worth finding out what your options are. We will fight for you when the evidence supports your case. Call now and let us get started.
