In Alabama, victims of personal injury accidents have a right to pursue compensation from the negligent party who caused their injuries. There are several different types of damages available in personal injury cases. Economic damages cover easily quantifiable damages such as medical expenses, lost income, and property damage.
Non-economic damages compensate for the physical pain and mental anguish resulting from serious personal injuries. Part of the compensation for mental anguish includes compensation for the emotional distress personal injury victims suffer. When pursuing a personal injury claim, victims can pursue damages for the pain and suffering they have endured from their injuries. Pain and suffering damages can include a person’s physical pain, nervousness, anxiety, humiliation, grief, embarrassment, apprehension, and more.
What is Included in Damages for Pain and Suffering in Alabama?
Proving the amount of pain and suffering you have endured can be challenging because it is a somewhat subjective process. Working with an attorney with experience and personal injury lawsuits can help you obtain the most compensation possible. It’s also important to write down how your injuries have negatively affected you from a mental health standpoint. Write down the details of your routine that have become challenging and painful. For example, if you can no longer get down on the floor to play with your children because of pain, or you cannot easily get in and out of your vehicle, these are essential details to write down.
In addition to physical pain, write down any emotional pain you have suffered from your injuries. Have you become nervous every time you get in a vehicle because of the car accident you experienced? Does your mind race with fear and worry in certain circumstances because of your injuries? Do you feel embarrassed because of a disfiguring or disabling personal injury? If so, you should be able to obtain compensation for all of these experiences.
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Maximizing Compensation for Pain and Suffering
Under Alabama Law, there is no fixed limit to how much compensation you can receive for your pain and suffering except for medical malpractice cases. Unlike in other states, the jury has the right to award the amount of damages for pain and suffering they see fit based on the facts of the case. Since there is not a fixed standard in Alabama, it is important that you describe to the jury the ways you have suffered from your injuries. An attorney can work with you to describe the severity, frequency, and duration of your pain and the length of time your symptoms have been ongoing.
As part of your strategy, you may want to bring in a medical expert who can shed light on how your injuries cause mental and physical pain. Typically, the more specific you are with the details of how your injuries negatively affect you, the more significant an award you will be able to obtain. Your attorney can work with you to try to reconstruct the negative thoughts, emotions, and physical pain you have experienced daily.
Another strategy to maximize compensation for pain and suffering is to maximize the economic damages you obtained. In many cases, your non-economic damages will be based on your economic damages. A jury may determine your economic damages first and then use that number as a baseline to determine your damages for pain and suffering. If you are involved in settlement negotiations with the insurance company, they may use a “pain multiplier” method. They will multiply your economic damages by a multiplier between 1.5 and 5. The more severe your injuries, the higher the multiplier, and the more non-economic damages you can obtain.
For example, suppose you have suffered a disabling injury. In that case, you may no longer be able to work and incur $1 million in economic damages from lost income and medical expenses. If the insurance company uses the number 3 as a multiplier, you could be entitled to $3 million and non-economic damages. Generally, the more severely injured the plaintiff, the more non-economic damages he or she can obtain. Taking photos of your injuries and keeping a pain video or Journal of what your life has been like since your injury can help you prove the economic damages you’ve incurred.
Reach Out to an Experienced Personal Injury Attorney
If you have suffered a serious injury, it is crucial that you work with financial and medical experts who can determine the total value of your medical expenses going forward. The Alabama personal injury attorneys at Heninger Garrison Davis have the necessary resources and professional network to effectively advocate for the most compensation for your pain and suffering.
As soon as you begin working with us, we will start investigating your case, gathering evidence, and keeping detailed records of your physical and mental pain and suffering. Contact Heninger Garrison Davis today to schedule a free case evaluation and learn more about our services.
