If you were hurt in a car accident in Gulfport, Mississippi, you may have a claim for pain and suffering in addition to your physical injuries and financial losses. “Pain and suffering” is a type of non-economic damages that your attorney can assist you in pursuing in your personal injury case. An experienced Gulfport personal injury lawyer can thoroughly evaluate the circumstances of the collision and your losses and help you seek maximum compensation.
Understanding Pain and Suffering in Mississippi
After a car crash, you may experience changes to your daily life that you did not anticipate. Some of these changes may warrant financial compensation in a pain and suffering claim. Pain and suffering includes the subjective losses you experience because of a car crash, which may involve:
- Physical pain
- Mental anguish
- Emotional trauma
- Loss of enjoyment of life
- Limitations on daily living activities
When you make a claim for pain and suffering, you are seeking money for non-economic losses. You must specifically demonstrate the physical pain and discomfort you experience now due to your injuries and how it may continue in the future. A pain and suffering claim may also include emotional or mental distress related to the trauma you experienced in the accident.
How Do You Qualify for Pain and Suffering Damages?
To qualify for money for pain and suffering, you must show how the injuries you suffered in the collision have affected your life. This may include anything from the physical pain you experience during the day to the emotional distress that impacts your sleep at night and the trauma that prevents you from feeling safe in a car. You and your lawyer will present evidence of your pain and suffering through your testimony, medical records, and witness statements. A skilled car accident lawyer can build a strong case on your behalf to support your pain and suffering claim.
How Much Can You Receive for Pain and Suffering?
Every case is different and depends on specific factors. Generally, the severity of your injuries, the length of your recovery process, any long-term complications, and your overall health at the time of the accident can impact the value of your pain and suffering calculation.
A pain and suffering claim is not based on a bill or invoice. This makes it difficult to determine a number that represents what you are experiencing. Your attorney will use commonly accepted methods to help quantify your pain and suffering claim, such as:
- The Per Diem Method – Under this method, your attorney will use a daily rate for each day you experience pain and suffering related to the crash to calculate your loss.
- The Multiplier Method – The Multiplier Method entails totaling your medical bills and lost wages and multiplying them by a figure. The number corresponds to the severity of your injuries, usually between 1.5 and 5.
How to Prove Pain and Suffering
Because your pain and suffering cannot be directly tied to an itemized bill, proving your pain and suffering claim can be difficult. Insurance companies often dispute these claims to justify a lowball settlement offer. Rest assured, your attorney will work hard to gather the necessary evidence to support your pain and suffering claim, including:
- Medical records – After a car accident, you may receive extensive medical treatment, which is documented in your medical records by each provider you see. These records document the full extent of your injuries and necessary treatment, such as surgery or physical therapy.
- Expert testimony – The doctors and therapists who treat you are medical experts who can testify about your injuries, your pain, future treatment, and the possible long-term effects you will likely experience. Their testimony will demonstrate how the injuries have affected your daily life.
- Photos and journals – You may have pictures of your injuries or journal entries documenting your pain or mental state that your attorney can use in support of your pain and suffering claim.
- Witness testimony – In some cases, your loved ones can attest to the ways they’ve seen your life change and what you have suffered because of your injuries.
When Should You File a Lawsuit After a Gulfport Car Crash?
Under Mississippi law, you usually must file your personal injury lawsuit within three years of the date of the crash. Although three years may seem like a long time, you should contact an experienced personal injury lawyer as soon as possible.
Why is this so crucial? Your attorney may be able to secure witness testimony vital to your case or otherwise obtain evidence that may not be available later, such as traffic camera surveillance or security camera footage from a nearby business that captured the collision.
You cannot pursue your losses in court if you fail to file your lawsuit within this three-year period. The judge will likely dismiss your case. At Haug, Farrar, Franco & Ruiz, PLLC, we understand that the litigation process can be intimidating and that keeping track of deadlines can be stressful. Let a knowledgeable car accident attorney from our firm guide you through the Mississippi legal system and ensure you meet this filing deadline.
Need Legal Help? Call a Gulfport Car Accident Lawyer Today!
If you suffered injuries in a collision that was someone else’s fault, you need a skilled law firm to fight for you. With a Gulfport car accident attorney from Haug, Farrar, Franco & Ruiz, PLLC on your side from the start, you will have the strong legal advocate you need to protect your rights and pursue the compensation you need to move forward with your life.
Although past results do not guarantee future outcomes, our case results show our track record of success – including a $700,000 settlement for a car accident victim who suffered fractures to his tibia and fibula requiring knee and ankle surgery. You can also learn more about our firm from our satisfied clients, such as this one:
“Highly satisfied and would most definitely recommend Jonathan Franco and his office. He is understanding, caring and easy to relate to. Appreciate all your help this past year.” – Nicky O.
When you are ready to get started with your Mississippi car accident case, call Haug, Farrar, Franco & Ruiz, PLLC to speak to a personal injury attorney. We offer free case reviews, so there is no risk in reaching out and learning more about how we can help you. Contact us today online or at (228) 872-8752.