It’s not possible to predict whether you’ll be involved in an accident or not. However, there are instances whereby you get involved in an accident, and you need to be compensated for the injuries you’ve incurred. So if you’re a resident of Alabama and looking into how you can maximize the compensation for pain and suffering, you’re in the right place.
Under the laws in Alabama, you’re supposed to be compensated for both physical injuries and emotional damage. In addition, your family and friends might be affected by the emotional harm you incurred in a car accident. It may also affect the way you recover physically.
The emotional injury you experience after a car accident is very real. Car accident victims usually experience anxiety, depression, nightmares, PTSD-like symptoms, loneliness, etc. The accident and its consequences can have you worried, and it will worry you permanently while you are at work or engaging in your daily activities. In time, your mental anguish will leave deep emotional scars on you and harm your loved ones. Therefore, you shouldn’t take pain and suffering lightly after a car accident. The issue is serious enough to have its legal definition and field.
You might want to consider hiring a personal injury lawyer if there’s a high chance that you’ll be awarded a significant amount in compensation for pain and suffering. You should also consider hiring one if the other party does not seem willing to work something out with you or if the other party’s insurance company is being unreasonable.
The last thing you want to do is lose precious compensation. So it’s up to you, your family, and your lawyer to make the right calls when it comes to the non-economic damages you’ll receive for pain and suffering.
How are Pain and Suffering Damages Measured?
There is no fixed way to measure the pain and suffering you’ve incurred in Alabama. The most common methods used are the multiplier and per diem methods. Some of the factors considered include the length of time you have suffered and experienced pain.
The multiplier method is commonly used when an injury is vague or difficult to evaluate.
The per diem method is also used in calculating your pain and suffering compensation. For example, when you get involved in a car accident, you have to have someone witness what has happened, and there have to be some witnesses or some documentation of what you’ve gone through after the accident.
In a case such as this, you’ll have to show that your injuries should be evaluated by a doctor based on how seriously you’ve been injured and the severity of your injuries. The doctor will also be able to show what kind of pain and suffering you’ve incurred as a result of the accident.
How Pain and Suffering is Documented
Pain and suffering usually cover different intangible injuries. Therefore, to maximize the compensation, you need to document the extent of the injuries you’ve incurred. The common forms of evidence used include:
- Photos of the injuries.
- Medical records.
- Injuries reported by witnesses.
- An expert testimony from a professional such as a psychologist or psychiatrist.
- Prescription/medication records.
- Testimonies from your family and friends regarding the impact of your injuries on your everyday life.
- Testimony from your employer or co-workers documenting the impact the accident/injuries had on your ability to perform your daily job tasks.
- A personal journal documenting everything that happened and everything you feel after the accident: anxiety/depression bouts, insomnia, nightmares, panic attacks, loss of enjoyment for daily activities, loss of consortium, withdrawal, etc.
Why Do You Need a Personal Injury Attorney?
It is clear that a personal injury lawyer from Birmingham can help you receive pain and suffering compensation – along with economic damages – to get your life back on track. However, you may be asking yourself, how will they be of assistance? For starters, the personal injury attorney is well acquainted with Alabama law. They understand the law and how it applies to your case, being able to maximize your settlement or court award.
You should also ask your lawyer how they will handle the case. For example, will they represent you during settlement negotiations only, or are they willing to go to court for you? Keep in mind that the amount of pain and suffering damages awarded in personal injury lawsuits depends on the reasonable judgment and discretion of a jury or a judge, so you need the best litigator to make your case in court.
Contact a Personal Injury Attorney in Alabama Today
You should ensure that your lawyer has experience handling car accident cases such as yours. Before you enter the first law firm you see in the street, do some research and find an attorney in your state with a solid reputation and track record.
With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.