What Are Pain and Suffering Damages in an Injury Claim?

Posted on behalf of Steve Terry
on January 23, 2023 in Auto Accidents
Updated on February 23, 2023

Car crash injuries can take a tremendous physical and psychological toll on victims. Everyday life can be painful and uncomfortable, causing victims’ mental health to suffer.

At TSR Injury Law, we understand the wide-ranging effects of a car crash injury. We have helped many crash victims secure full compensation for their damages, including compensation for their pain and suffering.

Below, we discuss what may potentially be included in a claim for pain and suffering. If you were injured in a vehicle crash, call us to schedule a free legal consultation. We may be able to seek compensation on your behalf, at no upfront cost to you.

TSR Injury Law. Experienced Lawyers. Free Consultation. (612) TSR-TIME

What is Pain and Suffering?

Pain and suffering is a term that refers to the physical and emotional effects of a personal injury.

Physical Pain and Suffering

Physical pain and suffering refer to the physical pain and discomfort caused by an injury. This can be the pain and discomfort you experience soon after the injury or in the future.

For example, injury victims could experience pain and discomfort because of:

Neck injuries
Headaches
Broken bones
Traumatic brain injuries
Damage to nerves

Paralysis
Back injuries
Joint injuries
Damage to internal organs

Emotional/Psychological Pain and Suffering

This refers to the damage to your mental and psychological health from a personal injury. Injured victims may become depressed because of their new physical limitations. For example, victims who are paralyzed by an injury may struggle to adjust to their new life.

Other examples of emotional/psychological injuries that may result from a physical injury include:

Stress
Anxiety
Post-traumatic stress disorder
Sleep disturbances

Shock
Humiliation
Mental anguish
Emotional distress

In some cases, the mental health issues are so difficult the victim is unable to work or must work in a limited capacity.

Personal injuries can also cause lost enjoyment of life because you cannot take part in the activities you once enjoyed. For example, a brain injury or spinal cord injury could cause permanent impairment that makes it more difficult or impossible to participate in leisure activities, such as sports or outdoor activities with your children.

If you were seriously injured in a car crash, the Bloomington vehicle accident attorneys at TSR Injury Law are committed to seeking full compensation, including compensation for pain and suffering. We can discuss pain and suffering and other damages in a free legal consultation.

Proving Your Pain and Suffering

When you seek compensation for medical expenses, you can present bills and receipts to prove the cost. Your medical records can also be used to prove the existence of the injury that created those expenses. However, the value of pain and suffering is subjective, as there is no objective evidence to prove its value.

Fortunately, there are many ways to establish the existence of pain and suffering and methods for calculating the value of pain and suffering. For example, if you are dealing with psychological trauma and are seeing a mental health counselor, records of these visits could be used to document your emotional or psychological suffering.

Your lawyer may ask you to keep a journal in which you document how your injuries affect you each day. For example, you could note your pain level on a scale from one to 10 each day. You could talk about difficulty sleeping and the stress and anxiety you feel about recovering from your injury.

If you are not able to participate in some of the same activities that you did before your injury (playing sports, exercising, running, playing with your children outside, etc.), your lawyer may ask you to provide evidence that you used to do these things. For example, pictures of you engaged in these activities may help. Testimony from people in your life about the enjoyment you got from these activities may also be helpful.

Your medical records may also help your lawyer to document physical pain and suffering. For example, if you have been going to physical therapy, the therapist will need to assess your physical abilities at the start of therapy. As you continue getting treatment, the therapist can note any improvement. He or she can also take note of movements that cause pain and your level of pain.

Assigning a Value to Pain and Suffering

This is something your lawyer can discuss with you as he or she is building your case. However, there are different methods that could be used to determine what pain and suffering is worth. For example, there is something called the multiplier method, in which the value of your economic damages is multiplied by another number and the result is the value of pain and suffering.

There is also the per diem method in which a dollar amount is assigned to each day of the victim’s pain and suffering.

However, you cannot simply apply a formula without considering the many factors that affect the value of a pain and suffering claim, such as:

Severity of the victim’s injuries
Whether doctors support the victim’s claims about physical and emotional pain and suffering
If others in the victim’s life (family, friends) back up the victim’s claims about pain and suffering
If the victim receives an official diagnosis of a mental health issue, such as anxiety or depression
Steps the victim has taken to mitigate pain and suffering
And more

Call TSR Injury Law After a Car Crash Injury

If you suffered an injury in a car crash and you are going to need treatment for weeks or months after the collision, you should consider talking to an experienced attorney. Recovering full compensation can be a challenge, as insurance companies are looking for some way to deny or at least underpay your claim.

Our attorneys have taken on insurance companies for a long time and have a track record of success. There are no financial risks with our services, as there are no upfront fees, and you are not obligated to hire our firm after a free initial consultation.

Have questions about your claim? Call us today: (612) TSR-TIME.

Seeking Compensation After Suffering Internal Organ Damage in a Car Crash

Posted on behalf of Steve Terry
on January 13, 2023 in Auto Accidents
Updated on February 23, 2023

The body experiences a significant amount of trauma during a collision.

For example, you could suffer internal injuries that could be life-threatening. Your organs could get so significantly damaged that they shut down. You could bleed internally, such as in the brain. One of your lungs could get punctured, making it difficult for you to breathe.

Below, we discuss internal organ damage and other internal injuries that may occur in a crash. If you suffered internal damage in a crash, the first thing you need to do is seek treatment.

Finding an experienced Bloomington auto accident lawyer to help you sort through your legal options is also an important step. Even though your injuries are clearly serious, the insurance company is still going to downplay them. They may try to deny or underpay your claim. You need someone with vast experience in car crash cases to help build a strong case and aggressively pursue full compensation.

TSR Injury Law is ready to help. Call us today to learn more: (612) TSR-TIME.

Internal Injuries That Often Occur in Car Crashes

Internal injuries can be life-threatening. That is why it is important to seek medical treatment as soon as possible. There are treatment options for these injuries, but if you wait too long, the injury could get much worse.

Damage to the Liver

Sometimes the liver gets torn open during a car crash, resulting in internal bleeding. This needs to be dealt with quickly to prevent a life-threatening situation.

Damage to the Kidneys

Your kidneys could also suffer damage in a crash if your lower back gets hit hard enough. Sometimes kidney damage results in internal bleeding, other times victims may need a kidney transplant. If a transplant is unavailable, the victim is going to need to go on dialysis.

Traumatic Brain Injuries

Whether you hit your head on something or not, you could suffer a brain injury in a car crash. For example, you could suffer a concussion if your head gets thrown forward. Your brain hits the inside of your skull similar to shaken baby syndrome.

A brain injury could result in bruising or even bleeding. If bleeding is severe enough, victims may need surgery to relieve the pressure and prevent a life-threatening situation.

Broken Ribs

A blow to the chest during a collision could cause your ribs to fracture. These injuries make it hard to breathe and limit your mobility. One of the things to watch for with these injuries is damage to surrounding tissues or organs. If this happens, surgery may be necessary to repair the damage.

If surgery is not necessary, it may take weeks or months to fully recover from these injuries.

Lung Puncture

A fracture to your ribs could result in a punctured lung, affecting your breathing. Air can flood your abdominal cavity, which can be life-threatening if not treated right away. A lung puncture is also called pneumothorax.

Rupture to the Spleen

If your spleen gets ruptured, you may suffer extensive internal bleeding. Immediate treatment of this injury is essential.

Rupture of the Abdominal Aorta

The abdominal aorta can get ruptured if the stomach gets crushed in a car crash. If this happens, the result is more than likely fatal.

Symptoms of Internal Injuries

There are some common symptoms of an internal injury, such as internal bleeding. These symptoms include:

Pain in the stomach
Fatigue
Pale complexion
Feeling lightheaded
Feeling thirsty
Blood in your urine or stool

Dark purple skin on your abdomen
Feeling nauseous
Rapid heart rate
Weakness
Other signs of shock that may indicate an internal injury

Treatment Options for Internal Injuries

In extreme cases, an organ transplant may be the only option for an internal organ injury. Sometimes doctors need to do surgery to repair internal bleeding. Once this is done, the victim is likely to recover, unless there were complications during the procedure, such as an infection or damage to surrounding tissues. There also may be problems with the victim’s body not accepting an organ transplant.

If you have symptoms that may indicate an internal injury, you need to get treatment right away. If you wait, you could be putting your life at risk.

Compensation for Internal Injuries

If you suffered an internal injury in a crash caused by a negligent driver, you may be eligible to obtain compensation for the damages you suffered.

Cost of Medical Treatment

This includes the cost of treating and stabilizing your injuries. It also includes the cost of ongoing treatment. For example, you may need treatment after an organ transplant to make sure your body is adjusting properly.

Lost Wages

You may be unable to work while recovering from an internal injury. Our attorneys are prepared to pursue all lost wages.

If your injury hurts your ability to work long-term, we may also be able to pursue loss of earning capacity.

Pain and Suffering

The physical pain from an internal injury can be significant. There may also be a psychological component as victims may struggle to get sleep and become depressed or anxious.

Call TSR Injury Law to Discuss Your Car Crash Claim

Have you been injured in a collision with another vehicle?

We are ready to help you seek full compensation for all your medical treatment, lost wages, property damage and other damages you may have suffered.

At TSR Injury Law, there are no upfront fees with our services. We do not get paid unless you get paid. The initial legal consultation is free of charge.

Have legal questions? Call (612) TSR-TIME. We are here to help.

Can an At-Fault Driver Avoid Liability By Claiming Brake Failure?

Posted on behalf of Steve Terry
on January 6, 2023 in Auto Accidents
Updated on February 23, 2023

Your brakes are one of the most important parts of your car. If they fail to stop your vehicle or do not work properly, a dangerous collision will result.

That said, drivers cannot typically blame a crash on failing brakes. The reason for this is that brakes rarely fail without exhibiting some type of warning signs. This means the driver of a vehicle with brake failure would probably have known his or her brakes needed maintenance, repair or replacement long before they actually “fail”.

If the driver who caused a crash knew there were problems with his or her brakes, he or she is liable for damages. For instance, a driver may have known his or her brakes needed maintenance because they made unusual noises when trying to stop. Another example might be is if the driver received a vehicle recall for a brake issue or a mechanic told the driver the brakes needed to be serviced.

Below, we discuss liability for a crash caused by failing brakes. At TSR Injury Law, our Minneapolis car crash lawyers offer a free legal consultation and there is no obligation to hire our firm after meeting with us. There are also no upfront fees for our services.

Schedule your free consultation today by calling (612) TSR-TIME.

Why Brake Failure Happens

The brakes in your vehicle will not last forever. The age of your brakes combined with how you use them can cause components to wear down and become less effective. That is why your brakes should be regularly checked and serviced according to your vehicle maintenance schedule.

There are times, however, your brakes might wear down sooner than expected. Drivers may find out about this in a number of ways. In newer cars, your vehicle may have a warning light for your brakes. If that light comes on, you should be sure to get your car to a mechanic as soon as possible.

Drivers also need to take notice of any strange or unusual noises that sound when they apply their brakes. For example, screeching, squealing, grinding or squeaking noises could indicate worn brake pads or shoes. If your brakes feel a little too loose or spongy, it could also be a sign of wear and tear.

Another sign of possible brake trouble may be if you see a trail of yellowish-to-brown-colored leaks coming from the underside of your vehicle. These should always be investigated right away. It is possible the leak is brake fluid, which could impair the proper functioning of your brakes and make a crash much more likely.

In addition to unusual sounds or leaking brake fluid, other signs of malfunctioning brakes could include:

A burning smell
Your vehicle moving to one side when you hit the brakes
Your steering wheel shakes or roughly vibrates when brakes are applied

However, even if you get your brakes serviced, it will not matter if the mechanics do poor work. That is why it is important to only allow qualified mechanics to work on your vehicle. Some people only allow the dealership to work on their vehicles, while others may use certified mechanics to do any maintenance or repairs.

Sometimes the brakes installed on a vehicle might have been made with defective or low-quality parts. They may also have been poorly designed. If known, these defective parts may result in a recall of brake components.

Brake Failure in Commercial Trucks

While brake failure creates a crash risk no matter the size of the vehicle, it is particularly dangerous with commercial trucks. These vehicles are large and heavy, so if they cannot slow down or stop when needed, the results can be catastrophic for any passenger vehicles in their path.

Commercial truck brakes can get worn out from overuse or improper use. For example, drivers need to be careful about the overuse of brakes on inclines or when going downhill.

Truck brakes may also be much less effective if the trailer on a commercial truck is overloaded. The extra weight can make it harder for the truck to stop.

Believe it or not, commercial truck brakes may also be less effective when the truck is not carrying any cargo or when it has no trailer. The reason for this is that the brakes of a large commercial vehicle are designed and calibrated to stop a fully loaded trailer. An empty truck also has less traction than one that is fully loaded. This means it takes more time and a longer stopping distance for an empty truck to stop than for one that is fully loaded. Additionally, a truck driver operating an empty vehicle could lose control if he or she slams on the brakes too hard or too quickly.

Liability in a Brake Failure Crash

One of the central questions in a brake failure crash is whether the driver of the vehicle with failing brakes knew there was a problem. If the driver knew or should have known, then he or she cannot use failing brakes as an excuse to avoid liability for the collision. If the driver did not know or could not have known, he or she may not be fully liable for damages from the crash.

Other parties that may bear liability for a collision due to brake failure may include:

Vehicle or vehicle parts manufacturers, such as if a part was defective
Commercial truck drivers
Commercial truck companies

Cargo-loading companies
Mechanics or auto repair shops for doing poor work or not repairing worn brakes

Even if the driver or another liable party knew or should have known about problems with the brakes, the victim and his or her attorney will still need to prove it. For example, your lawyer may be able to obtain maintenance records or information about an open recall. An analysis of the vehicle by an accident reconstruction expert may also show that issues with the brakes were preexisting.

Injured in a Minnesota Car Crash? Call Today

Our attorneys have been assisting crash victims for many years. We know this is a difficult time and we are committed to taking on the insurance company on your behalf. We know how important it is to obtain full compensation for damages from a car crash.

TSR Injury Law. No upfront fees. Call: (612) TSR-TIME.

Month: January 2023