PAIN, SUFFERING, AND DISABILITY
An accident victim is entitled to be compensated not only for medical expenses and lost wages, but for the pain and suffering and disability associated with the accident related injuries. For some, this is a difficult concept to grasp. No amount of money can make the pain go away or make an injury victim’s legs work again. How do you put a value on having to spend the rest of one’s life in a rehabilitation facility? How does one value pain and suffering?
The law provides that an injury victim is entitled to money compensation for personal injuries suffered in the past and for the effect of the injuries reasonably expected in the future. There is no mathematical formula used to determine the value of personal injuries. There is no computer program that can place a value of disfiguring and painful burn injuries. The insurance industry has no calculations that accurately value a given injury. A personal injury can only be valued by considering all of the different ways that one’s life has been affected by the injuries. Every case is different. Ultimately, the value of a case is that amount that a jury would award if they were to hear all about a particular case. What do the doctors say? What does the injured person look like and what does he say? What do friends, family, and co-workers say about how the injuries have affected the live of the injury victim?
For the purpose of valuation, personal injuries include pain, suffering, disability and disfigurement. This includes any physical pain, worry, distress, embarrassment and humiliation which the injury victim has suffered in the past and is reasonably certain to suffer in the future. Consideration is also given to what extent her injuries have impaired and will impair her ability to enjoy the normal activities, pleasures, and benefits of life. Also having a bearing are the nature of the injuries, the effect produced by the injuries in the past, and the effect the injuries are reasonably certain to produce in the future, bearing in mind the injury victim’s age, prior mental and physical condition, and the probable duration of her life.
The following articles about personal injury law may also be of interest to you:
You & Your Personal Injury Claim
Answering Questions About Accident-related Injuries
At The Accident Scene, What Should I Do?
But My Insurance Adjuster Says I Don't Need A Lawyer
How Much Is My Injury Claim Worth?
Injuries To Children
Product Liability Claims
Herrick Hart Online Library for Personal Injury law
Herrick & Hart Personal Injury Attorneys, Eau Claire, Wisconsin
Please contact us for help with your legal needs or concerns.
The attorneys at Herrick & Hart provide expert advice to people who have suffered a loss or been injured. If you or someone whom you care about has been injured, please call (715-832-3491), e-mail (mike@eauclairelaw.com) to arrange a free initial consultation with the injury lawyers at Herrick & Hart, or complete the online personal injury case assessment form to have your case reviewed by the personal injury attorneys at Herrick & Hart.
The team of personal injury lawyers at Herrick & Hart represent people throughout northwest Wisconsin. They litigate against insurance companies based in Wisconsin, Illinois, Iowa, Minnesota, and across the nation, and most frequently help clients who were injured in or are residents of Eau Claire county (Eau Claire, Altoona, Augusta, Fairchild, Fall Creak, & Seymour), Chippewa county (Chippewa Falls, Cadott, Cornell, New Auburn, & Stanley), Taylor county (Medford, Gilman, & Stetsonville), Rusk county (Ladysmith, Hawkins, & Weyerhauser), Barron county (Barron, Rice Lake, & Cameron), Dunn county (Boyceville, Menomonie, Colfax, & Downing), Clark county (Abbotsford, Colby, Neilsville, & Thorp), Marathon County (Wausau, Abbotsford, Colby, Brokaw, Evergreen, Marshfield, Mosinee, Rothschild, Schofield, Spencer, Unity & Weston), Portage county (Stevens Point, Amherst, Plover, Rosholt, & Whiting), Wood county (Wisconsin Rapids, Port Edwards, Nekoosa, & Marshfield), Jackson county (Black River Falls, Taylor, Merrillan, and Alma Center), La Crosse county (La Crosse, Brice Prairie, Onalaska, Holmen, & West Salem), Monroe county (Sparta), Douglas county (Superior), Sawyer county (Hayward), Ashland county (Ashland, Odanah), Bayfield county (Bayfield, Mason, & Washburn), Juneau county (Elroy, Mauston, Necedah, Union Center), and St Croix county (Baldwin, Hudson, New Richmond, North Hudson, River Falls, Spring Valley & Wilson), Pierce county (Bay City, Ellsworth, River Falls, Spring Valley).
