The Brown Firm, based in Atlanta, Georgia, has published a blog entitled, “How Do I Prove My Pain And Suffering After A Car Accident.” In the blogpost, the Car Accident Lawyers in Atlanta law firm shares advice on how to get justice in an auto accident. The blogpost explains that an injury in a car accident due to someone else's negligence makes them liable to pay for the victim’s pain and suffering.
Harry Brown Jr., DC, JD, from The Brown Firm, notes that once the victim proves the defendant’s fault in the accident and their injuries, the next vital point to establish is the financial losses suffered. This evidence is essential for victims to be compensated for the damages and injuries to start rebuilding their lives. Medical bills and receipts are proof of the medical cost incurred after the accident, but the damages for injuries are not limited to financial expenditure and property damage. A victim experiences pain and suffering in a car accident and after the incident, which they can be compensated for.
“You must be able to prove pain and suffering and be able to justify it to an adjuster. Putting a dollar amount on pain and suffering can be complicated, which is why having an experienced Atlanta Car Accident Lawyer helps. An experienced auto accident attorney can calculate pain and suffering and prove it beyond a shadow of a doubt,” adds Harry Brown.
After a car accident, a victim experiences two types of pain and suffering categorized as general damages: physical pain and suffering, and second: mental distress that accompanies injuries.
The blog post states, “There is no set formula or foolproof way to value general damages” because there are different types of injuries that require various healing time. Additionally, severe injuries could make it challenging for a victim to attend work, amounting to lost work hours. In the worst-case scenario, some traumatic brain injuries never return to normal.
A soft tissue injury like whiplash, explains the personal injury attorney, is less obvious, adding, “Damage to muscles, ligaments, tendons, and your other soft tissues won't show up in an x-ray, so there is less conclusive evidence that an injury has occurred. But most of us have experienced an injury like this, whether it was a sprained ankle or wrist, so we know that the pain is genuine and can be severe.”
To win the pain and suffering claim, a victim must prove how the injuries have affected their lifestyle and emotional well-being and interfered with life. A victim should include future pain and suffering resulting from the injury in their damages claim.
Harry Brown advises, “If you aren't able to make a complete recovery in a reasonable amount of time, and you expect to face ongoing issues with your injuries, including issues with your mental health, you will be justified in asking for a larger amount of pain and suffering. No matter what you ask for in pain and suffering damages in your injury case, you will have to convince the adjuster or judge and jury of the negative effect the injuries have had on your quality of life.”
Atlanta’s personal injury attorney knows how to convince the adjuster to accept the victim’s demand for damages, listing the reasons with logical facts and evidence to justify the pain and suffering claim. This list will help the victim in settlement negotiations. It is here that a copy of relevant medical records is needed to back up the claims. The blog post lists several reasons to back up a victim’s claim.
A victim also needs witness statements. The personal injury attorney suggests the victim’s family to keep a written record of what the victim has had to deal with after the auto accident. This may include helping the victim with meals, childcare, yard work, housework, pet care, and transportation.
Brown gives a detailed list of what the victim can include in a journal about how the accident has impacted their quality of life.
The auto accident has more advice for victims, “Make sure to take enough time to think about what you have lost or will lose and how you have suffered and will suffer because of the injury. You only have one chance to win your settlement, so don’t hold anything back. The better you can convince the adjuster of the depth of your pain and suffering; the higher your final settlement will be. If you were severely injured and needed to focus on your physical recovery, or if you just aren't comfortable dealing with the insurance company, you should speak to a personal injury attorney about the value of your pain and suffering.”
Emphasizing on the need to see a doctor for injuries caused in an accident, the Atlanta personal injury attorney says that unless a victim has medical records to prove the damages, the insurance company assumes that there were no injuries.
The blog post notes, “You will have a higher value placed on your injuries if you seek medical attention, and there is medical corroboration of your injury. Your insurance company will review your medical records. When they see that you took the time to visit the doctor soon after your accident, it will add some evidence of the validity of your injury.”
“Your insurance company will also assume that an injury that requires a lengthy recovery time will cause more pain and suffering than injuries with a short recovery time. These assumptions will affect how your insurance adjuster will value your injury claim. If you choose not to receive medical attention after your accident, you probably won't have much value attached to your injury by your insurance company. Even if you are in pain and have suffered injuries, if you don't seek medical attention or seek it fast enough, your insurance company could assume the injuries aren't that bad or were caused by something other than your accident. They will need more evidence than that.”
The Brown Firm car accident lawyers work tirelessly to maximize pain and suffering settlement of victims so the latter can focus on physical recovery. An experienced personal injury attorney from the law firm reviews the case in detail to help the victim get the best compensation for their pain and suffering. Connect with personal injury attorneys at The Brown Firm in Atlanta for a free consultation at (404) 522-8480.
SOURCE: Press Advantage [Link]
The Brown Firm in Atlanta, Georgia represents those who have been injured because of the negligence of others. We understand that, even though we are a law firm, we are also in the customer service business.
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