How to Sue for Pain and Suffering After an Accident
When you’re seeking full and fair compensation after an injury, it’s hard to know what your injury is worth. This is especially true if you’ve gone through significant pain and suffering during your recovery. While the insurance company may not be interested in providing you with the compensation you are rightfully owed, we believe that a fair settlement or court award accounts for all of your losses. Our team of personal injury attorneys in Victorville can help you fight for everything you deserve, including fair pain and suffering compensation.
The team at Ewaniszyk Law Firm is known for their commitment to each client’s privacy and right to experienced, trustworthy legal representation. Guided by attorney Richard M. Ewaniszyk, the firm has strong ties throughout the community, giving them the insight and connections needed to bring in expert witnesses and build strong cases for every single client. Call us at 760-245-7310 to find out how our personal injury law firm can help you demand fair compensation
Knowing Your Options After an Injury
Wondering if you need a personal injury lawyer and if you have a claim? Determining who is liable for your injuries is a key step in securing compensation for pain and suffering. First, you must be able to show that someone had a duty of care to you and that they failed to fulfill that duty. For example, dog owners have a duty to keep their dogs restrained and in their control at all times, and having their dog off-leash in public is a violation of that duty. You must also be able to show that the other party’s failure is what led to your accident and injuries. Additionally, be ready to prove that you have measurable damages—medical bills, property damage, pain and suffering, and lost wages, for example.
Calculating Compensation for Pain and Suffering
Figuring out exactly how much a pain and suffering claim is worth is challenging since this type of loss doesn’t have a clear-cut financial value like lost wages or medical bills. Attorneys may use a variety of calculations to determine how much compensation a client deserves. One method, known as the per diem method, assigns a daily dollar value to your pain and suffering. You then receive that amount of money for every day that you have not yet fully recovered. The other option, which is much more common, involves multiplying your easily calculable losses—medical expenses, lost wages, and property damage—by a set amount. The multiplier is dependent on how severe your injuries are and to what extent they affect your day-to-day life.
Filing a Lawsuit
Suing for pain and suffering starts with the help of a personal injury law firm. Your attorney will assess the strength of your case, provide insight as to its monetary value, and explain their strategy for seeking compensation. Before actually moving forward with a lawsuit, they will likely go into informal negotiations with the liable party’s insurance company. A settlement is the most common way to secure compensation after a personal injury, and it helps you get paid more quickly without the risk and stress of going to court.
Of course, settlements don’t always work out. If your personal injury lawyer realizes that the other party is not negotiating fairly or will not accept liability, they may go on to the next step: filing a lawsuit. A lawsuit gives you the chance to fight in front of a judge for fair and full compensation, but it is riskier than a settlement. While filing a lawsuit may mean that your case goes to court, you still could settle. As the court draws nearer, the other party may decide not to negotiate more fairly and come to the table with a reasonable offer.
Proving Pain and Suffering
How can you prove the extent of your pain and suffering? Your personal injury attorney may suggest a variety of types of evidence to strengthen your case. To start, they’ll likely use your medical records and photos of your injuries to better understand how your life is affected and what concessions you have had to make. They may also recommend a personal injury journal that tracks your pain levels over time.
Get Started Now—Contact Ewaniszyk Law Firm
When you’re ready to demand a fair settlement, we’re here to help. Claim your free consultation now by calling us at 760-245-7310 or contacting us online.
Mr. Ewaniszyk was first admitted to practice law in 1982 and he lived and raised his family in the High Desert since 1986. He has successfully represented hundreds of clients each year suffering from serious and catastrophic personal injuries, those accused of criminal offenses, people going through divorce and family law matters, and families facing bankruptcy. Mr. Ewaniszyk has tried many cases in both Federal and State Courts during his extensive career and previously served for five years as the City Attorney for the City of Adelanto. Learn more here.