FILING A PAIN AND SUFFERING CLAIM What You Need for a Successful Case
Whether you or someone you love is injured due to another party’s negligence, it’s common to want justice and rightful compensation for the damages that occurred. In a personal injury case, many people might file a pain and suffering claim. However, not very many people know exactly what this claim means.
These two types of pain and suffering extend a person’s suffering beyond the accident itself to the present day and even to what may occur in the future.
APPLYING A CLAIM TO A PERSONAL INJURY CASE
suffering claim is difficult to measure because “pain” cannot be analyzed through medical scans. However, to ensure your claim goes through, you need to provide as much evidence as you can to prove it. Photos of the injury or injuries, a journal filled with recorded thoughts and emotions, documentation of a mental health professional’s opinion, and any written or verbal statements from family or friends are all considered evidence in these claims. The pain and suffering caused by the negligence of an accident are real and should be considered seriously. Give yourself and your loved ones a fighting chance by taking every step you need to win your claim.
In Florida, pain and suffering is considered a “general damages” claim within a personal injury case.As many injuries can result in a pain and suffering claim, there’s no set formula to find monetary value to it. Often, a judge may ask the jury to use their common sense when it comes to deciding a reasonable amount of compensation. It’s important to know before making a claim what you need to do to ensure you’re compensated accurately.
UNDERSTANDING PAIN AND SUFFERING
The term “pain and suffering” refers to the damages — both mental and physical — a person may suffer from an accident. Physical pain and suffering covers physical injuries sustained from an accident. Mental pain and suffering covers the emotional trauma that the incident or physical injuries may cause a person. This includes humiliation, emotional distress, anger, anxiety, shock, mental anguish, depression, and post- traumatic stress disorder (PTSD).
THE CHALLENGE OF THIS CLAIM
One of the more difficult aspects of these types of cases is determining the value of the case. A pain and
Laugh Out Loud
PESTO CHICKEN WITH BLISTERED TOMATOES Brighten up after a cold, dark winter with this fresh and flavorful springtime dish. Ingredients
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2 1/2 tbsp olive oil, divided
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1 tbsp unsalted butter, melted 6 tbsp spinach pesto 2 cups cherry tomatoes 1 garlic clove, thinly sliced 1 tsp red wine vinegar
4 boneless and skinless chicken breasts, pounded to a 1-inch thickness
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Salt and pepper to taste 1/4 cup whole-wheat panko 2 tbsp Parmesan cheese
Directions
1. In a large ovenproof skillet over medium-high heat, add 1 tbsp olive oil. 2. Season chicken with salt and pepper, and add it to pan. Cook chicken for 5 minutes on each side, then remove pan from heat. 3. In a bowl, combine panko, Parmesan cheese, and butter. 4. Spread pesto over chicken and top with panko mixture.
5. Broil chicken for 2 minutes on high heat until browned. 6. In a skillet, heat remaining oil over medium- high heat. 7. Add tomatoes and cook for 6 minutes. 8. Add garlic and cook for 30 seconds, stirring constantly. 9. Season tomato mixture with salt and pepper, and add red wine vinegar. 10. Serve tomatoes with broiled chicken.
Inspired by CookingLight.com
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