Charlotte Injury Lawyers Blog
When someone sustains an injury due to an accident or incident that was another’s fault, that person may be owed money to cover their damages. Damages are costs that you incurred because of someone else’s negligence. There are three general types of damages, including economic, non-economic, and punitive. Economic damages are those that have a quantifiable dollar amount. Non-economic damages are more subjective in nature and include compensation for pain and suffering.
What is Pain and Suffering?
You have probably heard the term “pain and suffering” but may wonder what it means. In a personal injury case, pain and suffering is a type of non-economic damage that you may suffer as the direct result of someone’s negligence. It refers to physical pain and emotional suffering due to an injury as part of a personal injury claim. There are many types of issues that you may experience that are classified as pain and suffering. Some of these include pain, stiffness, or soreness, headaches, mood changes, sleep disruptions, anxiety, depression, disfigurement, scarring, and long-term physical limits or disabilities, among others.
How Do I Prove Pain and Suffering?
Because pain and suffering are subjective, it can be more challenging to prove. You will need to provide documentation and evidence to show how the injuries have impacted your life and how they will affect you in the future. Gather and keep all medical records, including notes that doctors or therapists made regarding your injuries. Keep a diary of your condition that includes daily information about your pain and other issues you encounter due to the accident. Keep photos of injuries, scarring, or disfigurement. In addition, a medical professional may be needed to provide expert testimony.
How Much Compensation May I Receive for Pain and Suffering?
North Carolina does not have a specific minimum, nor does it have a cap on the amount of money you may receive in a pain and suffering claim. Because it is subjective, pain and courts do not use set multipliers or per diem rules. Instead, jurors review the entirety of the evidence to come to a decision. Insurance companies often utilize multipliers and guidelines to provide claim offers. However, be aware that you do not have to accept an offer made by an insurance company if it is unfair. Instead, you will want to speak with an experienced personal injury attorney to assist and guide the process.
Statute of Limitations
The law limits the time you have to file a personal injury claim. Therefore, you do not want to wait too long before you start the process. For most types of personal injury claims in North Carolina, you have up to three years from the date of the injury to file a lawsuit. While this may seem like a long time, in cases where you have ongoing recovery and pain, it can be challenging to gather the necessary proof. It is advisable to consult with an attorney as soon after the injury as possible in order to achieve the best possible results.
If you or a loved one was hurt in an accident that was not your fault, you may be owed compensation for your damages, including pain and suffering. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a free initial consultation with our legal team.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury and boating accidents. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.law.cornell.edu/wex/pain_and_suffering
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-52.html
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC/videos
See Our Related Blog Posts: