Even if the government has placed a cap on the amount of money that a plaintiff in a personal injury case can receive for pain and suffering, the plaintiff’s lawyer will seek to obtain an amount that is as close to the maximum as possible. How does an attorney influence the determination of pain and suffering for a given client’s case?
What sort of pain adds to a case’s value?
All the pains suffered by the plaintiff contribute to the list of items that go on list of examples of pain and suffering. That means both physical and mental pains. Mental pain typically takes the form of anguish. Someone that feels motivated to consider suicide might exhibit the effects of mental pain/anguish.
How do lawyers prove a pain’s persistence?
Smart personal injury lawyers encourage their clients to keep some type of journal or diary. That gives an injured client a place for recording the appearance of a painful sensation. What activity or event gave rise to that particular sensation? How long did it last?
A journal or diary that offers details on the pains mentioned by a plaintiff’s personal injury lawyer in Kingston increases the pain’s worth. It demonstrates the veracity of claims that a painful sensation persists in coming and going, well after an accident victim appears to have recovered from the accident-related injuries.
What aspects of suffering does the court deem worthy of considering?
The court studies the way that suffering has affected the victim’s/plaintiff’s life. For that reason, personal injury lawyers make a point of exposing the timeline for a client’s suffering. In other words, an effective attorney’s argument mentions the past, present and future instances of suffering.
A medical specialist can often strengthen an attorney’s claims. A specialist can explain in detail the nature of a plaintiff’s condition. Ideally, that explanation reveals the discomforts associated with that same condition. For instance, someone that has suffered a back injury might struggle to feel comfortable while sitting, or even while sleeping.
The video camera has become an effective tool for personal injury lawyers. At times, those professionals have hired someone to capture on video tape the challenges faced by a given client throughout the day. Later that tape can be shown to members of a jury.
Once members of the jury see for themselves how the results of a particular accident have affected the life of the person seeking compensation for a personal injury, then those jury members put greater value on the plaintiff’s claims. Someone who sees such a film might ask this: Would I want to be challenged in that manner every day? When the answer to that question is “no,” then the element of suffering has far more worth.
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