Suing for Pain and Suffering? Things You Need to Know

When it comes to serious injury law, there are certain steps you will need to take if you plan to sue the at-fault party for your pain and suffering damages. If you fail to take certain steps to preserve the value of your injury claim, you could cost yourself the full amount of funds you need to make a healthy and full recovery. If you or a loved one was injured in an accident that was caused by another party, it could be critical to speak to a qualified attorney about your situation before filing a lawsuit or settling your personal injury claim

Frankl Kominsky Injury Lawyers have been practicing serious injury law for more than 40 years combined. Our compassionate lawyers understand the physical and emotional toll accident victims often endure while experiencing pain and suffering at the time of the injury and throughout the recovery process. This is why we aim to protect the rights of injury victims throughout the Port St. Lucie area and beyond (by appointment only). We offer free, first-time claim reviews to help determine whether your claim may qualify for financial compensation. 

Read on to learn more about serious injury law and how you may be eligible to pursue monetary benefits to pay for your pain and suffering. Learning about your legal rights and what you can do to protect them, could make a significant difference on whether you are able to seek the proper amount of compensation you may need to make a full recovery. 

What is Considered Pain and Suffering?

If you or someone you care for was injured in an accident, you could be eligible to recover the costs associated with your medical care and rehabilitative treatments. This could include costs such as ambulatory services, emergency room care, medical operations and procedures, medical devices, transportation to-and-from medical appointments, physical therapy, and more. In addition, if you were forced to miss work while recovering from your injuries, you could qualify for compensation to cover any lost wages or loss of future wages if you can no longer return to work.

Besides these economic damages, you could be eligible to recover funds for non-economic damages. This may include physical pain and emotional/psychological suffering you endured at the accident scene and during the recovery process. While medical bills and loss of income have a definitive qualitative value, pain and suffering does not. This is why it is important to let an experienced lawyer review the details of your claim before you decide to settle with the insurance companies involved. 

A good lawyer will speak to you about your experiences dealing with pain and suffering, investigate the details of your claim, and discuss your condition with your doctor, if given permission to do so. This will help your lawyer determine a fair amount of compensation you may deserve for your pain and suffering. 

Helpful Tips to Preserve Your Claim

Whether you were involved in a slip and fall accident, vehicle crash, or workplace accident, there are some ways you could help preserve the value of your pain and suffering claim:

  1.  Take Photos – It is important to take photos and video of your injuries at the time of the accident and during the recovery process. If you are able to do so, try to capture images of the accident scene and any other helpful clues that may help back your claim. These images could be submitted as valuable evidence to support your claim of pain and suffering. 
  2.  Keep a Personal Medical Journal – If you expect a long recovery process, it is crucial that you document all of your pain and suffering in your own personal medical journal. Be sure to include dates and medical appointments you attended, along with any treatments and procedures you endured. You should also note any improvements or setbacks regarding your condition, including any physical pain and mental trauma or emotional effects you may have experienced. 
  3.  Avoid Insurance Adjusters – After sustaining an injury that was the result of another’s negligence, you may be contacted by insurance adjusters trying to get you to settle for a quick, low-ball settlement offer that may be far less than what you may legally deserve. Keep in mind that insurance companies train their adjusters to try and find ways to avoid making large payouts. This is why you should avoid divulging too much information to insurance adjusters without speaking to your lawyer first. Anything you say to the adjuster could be used against you later, which could result in a devalued or denied claim altogether. Your lawyer can handle all communication with the insurance companies involved on your behalf, to help preserve the value of your pain and suffering injury claim. 
  4.  Wait for Maximum Medical Improvement – While you may need immediate funds to cover your damages, it is highly recommended that you wait until you reach maximum medical improvement regarding your condition. This is when your doctor determines that your injuries are stable and are not expected to improve. If you decide to settle your claim before reaching maximum medical improvement, you could be selling yourself short, should your condition worsen later. 
  5.  Discuss Your Claim With a Personal Injury Lawyer – While you may think you can handle your personal injury claim on your own, serious injury law can often involve many important intricacies that an experienced professional knows how to handle correctly. If you have a valid injury claim, having a licensed lawyer on your side means your rights to pursue funds for pain and suffering and other damages are legally protected. 

Contact a Law Firm You Can Count On

If you were hurt in an accident that was caused by another party and plan to file a lawsuit for pain and suffering, it is critical that you contact a law firm you can count on. While many other personal injury law firms try to take on as many cases as possible without carefully reviewing the details, at Frankl Kominsky Injury Lawyers, we give the utmost attention to every case we take on, no matter how big or small. Our goal is to give victims of Port St. Lucie a voice in the litigation process (by appointment), and to help ensure justice is served by helping our clients hold negligent parties responsible for causing pain and suffering and other damages or financial losses. 

Altogether, our reputable attorneys have handled more than 6,000 cases combined, which includes cases involving pain and suffering. We have received over 600-plus, five-star reviews and testimonials, so you can see how well we treat our clients. Co-founder Steven L. Frankl, has been honored by his peers with many prestigious awards such as the Multi-Million Dollar Advocates Forum, which recognizes lawyers who have won million dollar and multi-million dollar settlements and verdicts. 

Contact our firm today and speak with a licensed attorney with a reputable background and a history of success. You can schedule an in-person, initial consultation at no cost to you so you can find out whether you may be eligible for financial relief to cover your pain and suffering. You can also get the process started from the comfort and safety of your own home by filling out a free online form or chatting with one of our friendly online representatives. Let our experienced team of legal professionals guide you through the intricacies of the litigation process so you can rest assured knowing your rights to seek compensation are protected while you focus on recovering.

Call Frankl Kominsky Injury Lawyers at (561) 800-8000 to fight for your right to seek financial compensation.

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