Accidents that cause serious injuries are extremely traumatizing. These events can leave you in a state of agony. However, there is little salvation for such sufferers if they claim for pain and suffering. If you find yourself in a similar situation, you will need to consult a solicitor to learn how you can proceed with your criminal personal injury claim in Scotland.
Defining Pain and Suffering
Generally, pain and suffering are what you go through after an injury. However, this term has a deeper meaning when concerned with claims for accidents.
Personal injury claims are made after an accident that was caused due to someone else’s negligence, happening in the form of car accidents, trips, workplace accidents, and many others. The damages you might suffer from such instances are categorized into two groups: general and special damages.
Special damages are all the expenses you have records of, which include medical bills, income loss because of injuries, and other financial damages that can be shown.
General damages are abstract. This is usually defined as the pain and suffering you experience as a consequence of the accident, and this is sometimes difficult to prove. This pain and suffering are further divided into two categories; physical suffering and mental anguish. A lot of victims go through both. For instance, a person who falls because of a slippery floor at their workplace, ending up with a broken hip, will suffer from excruciating pain and be depressed as well. The majority of such victims find it really hard to regain their full-motion following this injury, and they might even need surgery to cure their problems. However, their pain is likely to linger for a long while. Moreover, victims with fractured hips also tend to face great emotional distress. A lot of old-aged victims are not able to regain their normal working capabilities following such incidents and as a result this has a significant effect on their quality of life.
Since these victims are unable to move properly, this results in them being socially isolated. They are unable to go outside and spend time with their close ones. This is why a majority of seniors suffering broken hip injuries go through an equal amount of emotional devastation as they do physically.
Pain and suffering typically depend on the percentage of the special damages of the claim that include medical expenses, income loss, and other financial damages. We usually come across the term “pain and suffering multiplier” since the other damages from the claim are multiplied with the pain and suffering multiplier to calculate the amount this victim will get.
How Serious Were Your Injuries?
Serious accidents and injuries usually result in more suffering and pain. These injuries cause physical, as well as mental distress, which isn’t the case with minor injuries.
For instance, if you experienced harsh burns in a car accident, you’re likely to go through a lot more physical pain as compared to what you will feel with whiplash injuries. Burns mostly result in severe pain that lingers for a very long time, and is considered more intense and serious than other sorts of injuries. Furthermore, severe burns, even when cured, leave vivid scars that can leave a person mentally disturbed, and this is why you or someone, who has been a victim of this incident will be worthy of greater compensation for pain and suffering.
Providing Evidence For Your Pain and Suffering
In personal injury cases, the role of documentation and shreds of evidence is vital in strengthening the case. You will be asked to provide concrete evidence that shows how your injuries have impacted your life. You can bring forth:
- Medical statements from the doctor
- Medical bills
- Witness statements
- Photos of your initial injury and how it developed over time
If you’ve faced any such accident, a personal injury solicitor can assist you in pursuing the compensation money that you’re entitled to for all the pain and suffering. They will evaluate the terms of your accident and will offer you great ideas regarding what needs to be done to proceed with the case. Get in touch with Hamilton Douglas Legal right away to learn about your legal rights and let our representatives explain to you the whole process to remove any ambiguities you might have.