Personal Injury Compensation Tips – Pain Suffering Settlements

Pain and suffering. Bodily pain and suffering usually result from severe injuries. If the law did not take pain and suffering into consideration, it would fall short of the compensation which it is supposed to give for injuries. “Pain and suffering” to many people is something very real.
There is no standard by which pain and suffering may be measured and paid for in dollars and cents.

The “rule of thumb” mentioned above is an attempt to put a dollar value on such intangibles as pain and suffering.

Not only does the law allow damages for physical pain and suffering, but also for mental pain and anguish, provided it accompanies a physical injury. According to the weight of authority, where there is fright or mental shock which is unaccompanied by physical injuries, no recovery can be had.

Actual court case
In an old but famous court decision, a woman was about to board a horse-drawn streetcar, of a long forgotten era. The rambunctious team of horses bolted and started toward the would-be passenger. The lady thought she was going to be trampled by the horses and fainted. The horses came within inches of her, but did not actually touch her. As a result of the terrible fright, the woman suffered a miscarriage and subsequent illness. The Court held that there could be no recovery for fright, occasioned by the negligence of the driver of the team, as long as the woman suffered no physical injury.

Permanent injuries. The effects of an injury are either temporary or permanent. It is most important in arriving at a settlement valuation to know whether the effects of the injury are permanent.

People who have had workmen’s compensation claims often think the same rules apply in automobile claims. That is not true. Auto insurance quotes

In workmen’s compensation, they have what are called “scheduled awards.” So many weeks’ compensation are allowed for a percentage loss of use of an eye, an arm, a leg, etc. There is no such rule in automobile cases.

You have to use your good common sense to determine what a permanent injury is worth. Once again, what would a jury say?

Sometimes the doctors can measure the functional loss of use of an arm or a leg in terms of percentage; that is, the doctors can say that the claimant has 15 or 25 per cent loss of use of the right arm. A person’s sight or hearing may be impaired to the extent of 40 or 50 per cent. You should try to have your doctor determine the degree of permanency of your injury in terms of percentage.


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