If you have been injured due to someone else’s negligence, you can file what is called a third-party claim to seek compensation from the at-fault party’s insurance company.
After proving the defendant is responsible for your injuries, under Oklahoma law you have the right to be compensated based on the nature and extent of your injuries and the impact the injuries had on your ability to function in your daily life. Insurance typically characterizes loss as either special or general damages. Special damages are objective, and include things like medical expenses, past and future, and lost wages. General damages are more subjective and include things like pain and suffering.
What Defines Pain and Suffering?
Pain and suffering are the legal terms used to describe any physical and psychological pain or emotional distress someone experiences from a personal injury. Because determining a number for such an abstract concept as pain and suffering is subjective, it can be the basis of disagreements with the insurance company and cause problems in communications between the insurance company and the injured party.
Pain and suffering include, but are not limited to, psychological trauma, anxiety, shame, fear, insomnia, grief, worry, inconvenience, etc. To determine compensation for pain and suffering, claims include the amount of:
- Mental anguish
- Loss of mobility
- Loss of happiness
- Loss of eyesight or hearing
- Loss of quality of life
Uncertainty in calculating the value of Pain and Suffering?
The factors considered in determining a value for the pain and suffering due to a personal injury depends on the type of accident, injury severity, state laws, the impact of the injury in a victim’s personal life, healing time, and the length and type of required medical treatment.
Proving Pain and Suffering
Attempting to calculate the value of your pain does not ensure you will receive the settlement you want or feel entitled to receive. Insurance adjusters will request evidence to support your claim, and the more evidence you have, the better your chances of receiving a satisfactory amount. The better you are able to articulate the impact of your injuries on your daily life the more valuable your claim will be.
It is recommended you report any pain or discomfort to your health care professional since your claim will gain credibility with a doctors’ testimony. Furthermore, additional evidence may be necessary, such as photographs, personal journals, friends and family testimonies, or proof of treatment by mental health professionals, to name a few.
Why Choose Graves McLain?
Collecting proof can be complicated, and an experienced personal injury attorney can help you with this. With their experience, they will gather all necessary evidence and prevent an insurance company from denying your claim. If you would like to know more about your options, Call us today for a Free Case Evaluation or request a Free Consultation online by filling out our contact form.