If you have been injured in a catastrophic accident, you know that you may be able to get compensation for hospital and medical bills. What if those catastrophic injuries were severe enough to confine you to the hospital or your home for an extended duration? How about if those catastrophic injuries damaged your relationships? What if, after medical treatment, you still suffer from pain or discomfort?
Pain and suffering is generally defined as physical or mental distress for which damages can be awarded in a catastrophic injury lawsuit. The process of filing a claim for pain and suffering after a catastrophic accident could depend on the laws of the State in which you live. Not all states treat pain and suffering claims the same. There are states that allow juries to assume the level of pain and suffering. Other states require specific levels of proof. Some states put caps on how much a plaintiff can recover for pain and suffering in a catastrophic accident lawsuit. These factors affect how your claim will be filed.
Proving pain and suffering will largely depend on the nature and extent of the injuries. Providing evidence of limited physical functioning or mobility is different from proving that you suffer from anxiety or panic attacks caused by the catastrophic injury. Medical records and hospital bills are a good start, but you will likely need testimony from an expert witness regarding the nature and extent of your condition.
A catastrophic accident lawyer will know how to pursue a compelling pain and suffering catastrophic injury claim. If you’ve been seriously injured in an accident, you should contact an experienced catastrophic injury attorney to discuss your case.