Accidents happen all the time in Des Moines, and should you be on the wrong side of one your life can take a turn for the worst seemingly overnight. The legal system is designed to grant fair compensation to those who have been hurt and perpetually affected by such occurrences.
Its progression includes layers that go from tangible to intangible. On the latter side of the spectrum are pain and suffering. The court system heavily relies on the burden of proof. Even if you know something to be true, unless there is adequate evidence, it likely is not going to stand in a court of law.
This is what makes pain and suffering so hard to get compensation for. You may be able to prove that you broke your arm, but how do you bring across the fact that it has mentally affected you so much that your quality of life has been reduced?
The nature of pain and suffering is as non-economic as it is intangible. Therefore, allocating a monetary value and substantiating your claims require the assistance of an expert auto accident attorney. Seasoned legal professionals know what information to compile in helping you get to a favorable outcome.
Establishing the Parameters
While adequately identifying and defining non-economic challenges for the legal system may not be the most straightforward process, it's not impossible. However, it first requires a proper understanding of what pain and suffering represent.
Instead of physical damage to your person, it speaks to effects on your quality of life. For example, your mental health may have tremendously deteriorated since the accident happened. This form of distress would prevent your ability to function as effectively as you can.
Another example is a disruption to either the way you live or the way you earn. For example, if you sustained some physical damage during an accident, you may have thought you only needed to worry about compensation for that and ended it there.
However, imagine that the healing process was very slow, and it translated to you not being able to work for much longer than anticipated. Even without the clause of time, when the effect of the accident disrupts your income, it is a prime example of a pain and suffering kind of situation.
As is the case with proving other forms of negative effects, you cannot expect action to be taken based on what you are saying. Therefore, there must be something presented to the court if you expect to see a fair pain and suffering settlement. Some prime examples include medical bills, images of your injuries, medical prognosis, psychiatric record documentation, and more.
The more information you can provide, the better the situation you are in. That's because you are more likely to receive a fair amount when the full extent of the effect of the accident on you is adequately brought across to the courts.
How an Expert Attorney Approaches the Matter
Thankfully, the attorney you have retained likely has a wealth of experience in proving pain and suffering with an insurance company settlement. However, such a professional is also not ignorant to the fact that there are likely unique elements to your situation.
Whether an immediate injury, negligence, medical malpractice, etc. is the reason for your pain and suffering, prior experiences only constitute the pool of information used for reference purposes.
In other words, your case is always going to be handled on its own merit. Additionally, the immediate cost of your pain is not where the attempt to get redress stops. There may be future liabilities and costs based on the situation, and once the adequate proof is provided, this can be accounted for and paid for.
Your attorney may also seek to get you punitive damages if it supplies. When negligence causes pain and suffering, it is typically handled and approached from an accidental standpoint. However, some know the damaging effects that their irresponsible actions can cause and carry on anyway.
It is this intent that introduces the idea of punitive damages in the equation.
Contact an Expert Legal Representative
The first thing you need to do is reach out to an experienced legal representative in Des Moines for a consultation, which helps to determine what you may need. Tom Fowler Law has you covered in this regard and the wealth of knowledge and experience present is optimal for pain and suffering cases.
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