What Is A Pain And Suffering Claim In A Slip And Fall Accident?
Slip and fall accidents can leave you struggling to pay for a lot of medical debt and leave you out of work and
fighting to recover. Even though it might be simple for you to be able to prove certain types of expenses in your case, it can be a little more difficult to prove your pain and suffering. Still, pain and suffering are widely recognized when it comes to being compensated in your personal injury lawsuit.
What Constitutes Pain And Suffering In A Lawsuit?
When compensating an individual for injuries in a slip and fall accident, the main goal is to be able to show what the person was like before the accident occurred. Common law says that anyone injured is entitled to compensation for their pain and suffering. Compensation comes when their injuries are the direct result of negligence or willful actions of someone else from a defective product, equipment or machinery. Pain and suffering claims aren’t just about physical pain. They can also be about mental pain. These cases are often reserved for serious injuries, such as when the personal injury results in death or serious impairment of a body function or being seriously disfigured.
Physical pain and suffering occur when there are lingering effects from an injury. Mental pain and suffering occur when someone is suffering from emotional distress and pain because of the physical injuries they sustained. This can be things such as anger, anxiety, fear, shock and humiliation. Extreme trauma often leads to someone being awarded damages for pain and suffering.
What Kind Of Documentation Is Needed For This Claim?
When filing for compensation in slip and fall accidents, there are a number of steps you need to take to make sure you don’t lose out on the money you are entitled to. The first thing you want to do is start collecting documentation about your injuries.
Documentation includes medical reports, prescription receipts, receipts for over-the-counter medications, medical bills, lost income, missed activities, medical treatment and photos outlining your injuries. You want to be able to show how the injuries have affected your life and what you are missing out on.
What Falls Under This category?
There are a number of different things that all fall under the pain and suffering category that you can receive compensation for. You can receive compensation for any discomfort, mental anguish, stress or physical pain you suffered when the accident occurred or are expected to deal with in the future.
Anyone who is seriously injured in an accident and is faced with a physical change they are struggling to cope with because of the injuries could be entitled to receive compensation for pain and suffering. Things like being burned, having a limb amputated or paralysis can all cause you to feel ashamed and embarrassed. Scarring is also something that you are going to carry with you for the rest of your life. In fact, it can cause you to struggle with self-esteem issues and a whole host of other problems. Permanent damage constitutes a form of pain and suffering.
Outlook on life can also be taken into consideration. After being in an accident, your whole outlook on life can change. The things you used to enjoy are no longer important to you.
Regardless of how small your injuries might be, you deserve to be compensated fairly. Pain and suffering are two very serious issues that should not be ignored. There are a number of things that fall under the pain and suffering category. It is false to assume that you cannot receive compensation for pain and suffering. Therefore, it is important to seek legal help when dealing with such a claim after a slip and fall accident has taken place.
