Future pain, suffering and disability incurred as a result of a car accident, are recoverable in a personal injury case. Passengers or drivers in automobile collisions often have pain, suffering, and disability or disfigurement, which includes any physical pain, humiliation, embarrassment, worry and distress suffered due to the accident. The jury considers to what extent the injuries impair the ability to enjoy the normal activities, pleasures, and benefits of life in the future. Our attorneys always make sure the injury’s impact is accounted for and we never settle a case without the client’s thorough understanding and explanation of the injuries. We include a claim for the sum of money will fairly and reasonably compensate an injured person for future pain, suffering and disability or disfigurement from the date of the trial going forward.
The negligent driver’s insurance company is responsible for the sum of money that will reasonably and necessarily compensate the injured person for the pain, suffering, and disability or disfigurement one will suffer in the future as result of the accident or collision.
In answering this damage question, the jury considers the following factors: the extent injuries have impaired and will impair the ability to enjoy the normal activities, pleasures, and benefits of life; the nature of the injuries; the effect the injuries are reasonably certain to produce in the future bearing in mind the age, prior mental and physical condition, and the probable duration of the person’s life.
Unless the nature of the injury is objective (cervical or lumbar herniated disc, neck surgery, back surgery), to establish a claim for future pain, suffering and disability, there must be an expert doctor opinion of an accident related permanent injury. In addition, the injured party can testify, more importantly we seek testimony from the injured person’s family and friends to explain how the injuries will negatively impact a person’s life. We describe the location and nature of the pain and the related range of motion limitations. Then, how are a person’s work duties and household chores and yard duties are affected. Next, what recreational, sports or hobby activities are impacted. Then we discuss personal care, hygiene, dressing and dining. Finally, how have the injuries affected one emotionally in terms of interpersonal relationships and psychologically with mental abilities and memory. Items are explained in terms of what cannot be done at all anymore and what can still be done but with difficulty or pain.
In Milwaukee, Wisconsin McCormick Law Office attorneys get the best results for future pain, suffering and disability by getting reports from your doctor. Doctor’s opinions are regarded as honest and trustworthy documentation of permanent injury, important for getting the largest settlement value.
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