Single Blog Title

This is a single blog caption

What Are The Key Components of Pain And Suffering In A Personal Injury Case?

For an injured, accident victim, the existence of unrelenting pain affects the victim’s every movement, during a typical day. Still, the insurance company seeks proof of a claimant’s pain and suffering. For that reason, such a claimant should know how the legal system views damages related to pain and suffering.

The legal perspective: There are 2 types of pain and suffering.

• One type is physical: It causes discomfort. It has detrimental effects.
• A second type is mental: It affects the victim’s life.

The nature of the effects from mental problems reflects the age of the victim.

For an adult, mental problems could slow the rate of recovery. That means prolonging the amount of time until the patient/victim can return to work. For a teenager, mental problems can be hard to detect. Some of the symptoms associated with serious mental problems can look like a teen’s passing phase. For instance, involvement in an accident might cause a teenager to feel depressed, anxious or angry. Yet those are feelings that get displayed by many teenagers at some point in time.

Even more serious symptoms, such as mood swings, have been associated with the changing behaviors of young people. That is why Injury Lawyer in Waterloo knows that it helps to have a teenager see a pediatric neurologist, if that young person’s head felt the impact created by a recent collision.

The factors affecting a case for general damages (pain and suffering):

Is the plaintiff likeable? A judge and jury might be more ready to accept claims of painful sensations, if they come from a likeable witness. Does the plaintiff seem credible? Plaintiffs that do not have a consistent story do not seem credible. A judge and jury could well doubt their claims about painful sensations. In other words, a plaintiff’s consistency helps strengthen the plaintiff’s credibility.

Is the plaintiff’s claim supported by a physician? A statement from a doctor that specializes in the type of injury suffered by the plaintiff holds a good deal more weight than a note from a paramedic.

Does the plaintiff’s claim make sense? This can be one of the most difficult factors to prove. As mentioned above, many of the symptoms associated with a mental problem can seem like a passing behavior. That is especially true if the person displaying such a symptom happens to be in an age bracket where many individuals display a similar behavior.

In addition, it can be difficult for a jury to comprehend how physical damage to the body can trigger the sort of mental problems that have been claimed by a given plaintiff. Unless a specialist can offer an easy-to-understand explanation, their decision might hinge on their ability to grasp the interplay of physical problems and mental issues.