Just like their name, personal injury incidents are as personal and as unique as the victims involved in them.
Since there is a varying degree of pain that each person goes through, there is a specific category of compensation that a person can receive based on the level they experience. It is known as pain and suffering damages. Pain and suffering damages are meant to make up for the inconvenient waves of pain and emotional distress caused by the careless or intentional actions of someone else.
Oftentimes, accident victims must change their entire daily routine due to their injuries. Let’s say someone has broken their arm in a car accident. Now, the broken arm has caused the victim to:
- Have random bursts of pain throughout the day
- Have trouble adjusting to sleeping with a cast at night
- Lose some of their work responsibilities for the time being
- Be unable to take care of their children on their own
These are all nuisances that didn’t exist prior to the accident and that the victim will continue to deal with for several weeks to come. A judge and jury may consider these factors if this victim plans to sue for pain and suffering. And if there is enough proof, the victim will receive a payout to cover past and future physical and emotional pain.
Some ways a victim can try and prove pain and suffering is by providing:
- Doctor notes or medical records
- Photos of the injury
- Witness accounts of the incident
- Police report of the accident
It’s worth noting that when a victim is partially to blame, they still might be eligible for pain and suffering damages in the state of New Mexico. So, if you are beginning the personal injury legal process, it’s essential to team up with an experienced attorney to receive a settlement that makes up for every way the accident has negatively impacted your life.