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What are 'pain and suffering' damages?

If you get into an accident here in Louisville, you may experience significant pain and suffering as a consequence of another driver's negligence. As such, you may be able to file a personal injury claim for that pain and suffering.

How can those damages be quantified? There is a process, but it also relies on very subjective perceptions due to the nature of these general damages. Below are some factors a court might use to calculate general damage awards:

  • How severe the injury is
  • Length of recovery
  • Future difficulties
  • Visible scarring or disfigurement

These general damages for pain and suffering are in addition to any special damages awarded. Special damages are calculated by adding up treatment and other medical costs, lost work hours and vehicle repair or replacement costs. In other words, they reflect the economic harm that you suffered as a result of the wreck.

General damages will be much higher if the plaintiff was horribly burned or paralyzed in the accident than if they suffered some whiplash or contusions. However, they do not always involve physical injuries. If you were psychologically or emotionally traumatized by the collision or its aftermath, you may also be able to make a claim for post-traumatic stress disorder (PTSD)

If you were injured in an auto accident, a Louisville personal injury attorney can assess and evaluate your case and work to help you get the maximum possible settlement or award from your personal injury claim. Most cases are taken on a contingency basis where the attorney receives a percentage of the settlement or judgment so that the client doesn't have to initially come out-of-pocket for any expenses.

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Ewing & Willis
6009 Brownsboro Park Blvd. Suite B
Louisville, KY 40207

Phone: 502-694-7420
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