Calculating Pain and Suffering in a North Carolina Injury Claim

When a person is injured in an accident caused by the negligent actions of another party, North Carolina law allows the victim to pursue damages against the at-fault party for the losses the injuries have caused.

Some of these losses are easily determined, such as medical expenses and lost wages. These types of damages are referred to as economic damages. Other damages, however, are not so easily quantifiable. These damages are referred to as noneconomic damages. Pain and suffering, emotional anguish, and loss of enjoyment of life are examples of noneconomic damages.

Pain and Suffering

It may be difficult to measure the loss pain and suffering has caused because each victim’s pain is highly subjective. It is also difficult to put a dollar amount on feelings and emotions. This is why when calculating how much noneconomic damages are financially worthy, the totality of all of the accident circumstances are examined.

There are several factors your North Carolina personal injury attorney will use when calculating how much those losses are worth:

  • How severe the injury is;
  • The degree of pain the injury is causing;
  • The potential for ongoing or future issues;
  • The amount of the economic damages the victim has suffered;
  • How the injury has affected the victim’s family; and
  • The conduct of the at-fault party.

The next step in pursuing noneconomic damages is proving them. In order to be successful in a claim or lawsuit, a Carolinas injury attorney needs more evidence than just the victim’s word. Some of the evidence an attorney can present include:

  • Photos of the injuries
  • Proof of medical treatment from physicians
  • Testimony from family and friends of the victim
  • An ongoing journal the victim kept that records all of the physical pain and emotions of the victim

Contact a North Carolina Injury Attorney for Assistance

Pursuing an injury claim or lawsuit can be complex, especially when the injuries sustained are serious or severe. Although some victims pursue claims on their own, to do so increases the chances of your claim being denied greatly. If the insurance company does accept your claim and offers you a settlement, chances are that if you do not have an attorney representing you, the amount of the settlement is far less than what you are actually entitled to.

If you would like to speak with one of the dedicated North Carolina personal injury attorneys from Shapiro & Appleton, contact our office today for a free case evaluation and to find out how we can help get you the compensation you deserve. 

Randall E. Appleton
Connect with me
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
Be the first to comment!
Post a Comment