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How Personal Injury Lawyers Calculate Mental Anguish

Posted by on Mar 9, 2016 in Mental Anguish, Personal Injury Claim, Personal Injury Law | Comments Off on How Personal Injury Lawyers Calculate Mental Anguish

When the settlement damages for a personal injury claim are calculated, mental anguish is one of the toughest aspects to consider. How does a personal injury lawyer calculate mental anguish and what tools do they have at their disposal? Mental anguish is a catch all phrase that includes depression, trauma and grief that can be directly traced to an accident that was experienced through no fault of the plaintiff.

How Are Non-Economic Damages Determined?

Non-economic damages are defined as injuries that do not lead to out of pocket losses. This includes the plaintiff’s pain and suffering, their mental anguish and their emotional distress. Mental anguish is an especially difficult damage to calculate from a financial standpoint and the burden of proof is on the plaintiff in these instances.

There’s no standard formula and the amount that a plaintiff can reasonably expect to be rewarded differs on a case by case basis. The plaintiff is forced to prove their damages to the jury and if they cannot meet the necessary burden of proof, no additional damages for mental anguish are rewarded.

Compensatory Caps for Mental Anguish

In many states, a cap for compensation has been placed on injuries that are related to mental anguish. As economic rewards for mental anguish have increased in recent years, more and more states have sought to place a monetary limit on what the plaintiff is able to receive.

These caps most often come into play during medical malpractice cases and were instituted so that malpractice premiums would not rise to a level that discouraged a physician from continuing to practice.

Before filing a personal injury claim, be sure to research the state in which you reside and their caps on mental anguish compensation. For example, California is a state that has recently placed a cap on non-economic damages and plaintiffs can only receive a maximum of $250,000.

Proving Symptoms

The most common symptoms of mental anguish are depression, anxiety and insomnia. A plaintiff cannot simply tell their lawyer and the insurance adjuster that they are experiencing these symptoms, they will need to prove it.

Evidence has to be provided, as well as in depth examples. A plaintiff will have to get personal and explain their day to day existence. Unless you can provide medical paperwork to corroborate mental anguish, your words are all you have.

Having a licensed psychologist write a mental health narrative, obtaining letters from friends and loved ones, writing personal journals and compiling all of your prescriptions provides tangible evidence for a jury to consider.

Personal injury lawyer dallas cannot calculate mental anguish without a serious assist from their plaintiff. The more information and paperwork that a plaintiff can provide to back up their claims of mental anguish, the better their chances of receiving a settlement that is commiserate with their level of suffering.

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How Medical Bills Can Add Up During A Personal Injury Claim

Posted by on Mar 9, 2016 in Medical Bills, Personal Injury Claim, Personal Injury Law | Comments Off on How Medical Bills Can Add Up During A Personal Injury Claim

During a personal injury claim, a plaintiff has a number of stress factors that can cause them to lose sight of what is important to them. Being out of work for a long period of time can lead to feelings of disenfranchisement and watching medical bills pile up often makes a person feel powerless. Let’s take a closer look at medical bills and how they can add up during a personal injury claim.

How Do Medical Bills Add Up During The Course of a Claim?

Those who have not filed personal injury claims are often unaware of the amount of time that it takes for these cases to reach their logical conclusion. The timeline for a personal injury case is much longer than most realize and this leads to a great deal of impatience. Cases can take several years to reach the trial period and do not wrap up quickly.

Delays Are Common

Unfortunately, personal injury trials do not rank high on the list of concerns for judges and legal representatives. It takes a significant amount of time for a case to make its way through the pre trial timeline.

First, the plaintiff must seek medical treatment and hire a lawyer. From there, the lawyer performs their own investigation and determines the veracity of the victim’s claim. If the lawyer determines that the case is not frivolous, they’ll begin their negotiations with the insurance company.

While the lawyer will try their best to pursue an immediate settlement, they cannot determine the value of a case until the plaintiff has reached their maximum level of healing. When the accident victim has yet to complete the healing process, their medical bills continue to pile up and the outlook can often seem bleak.

What Happens Once The Case Reaches Trial?

Even if the case makes its way through the legal process and a trial date is set, there is no guarantee that the trial will proceed in a timely fashion or that either side will be motivated to conclude the process in an efficient manner.

In many personal injury trials, the lawyers and the judge assigned to the case do not dedicate an entire day to the legal proceedings. Personal injury trials can often take twice as long, since they are often held for half of the day, as opposed to a full one. This allows lawyers and judges to dedicate their afternoons to other matters that are deemed more pressing.

If you are filing a personal injury claim with the idea of laying claim to an immediate settlement, this is not advisable. Expect to wait several years before receiving a settlement. While your medical bills will often add up during this time period, maintaining a thorough level of documentation guarantees your ability to receive full compensation.

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