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Fighting for pain and suffering damages

If you become injured in a car accident, you might realize that it has a bigger impact on your life than incurring extra expenses. A crash can take a devastating toll on your emotional state and physical ability as well.

Experiencing nightmares, new fear, depression, limited mobility, disfigurement or debilitating aches after the incident are a few signs that a crash victim may benefit from seeking pain and suffering damages.

This type of claim applies to the trauma and difficulties that the victim faces due to another driver’s negligence. Usually, it accompanies a claim for compensation of medical bills, vehicle damage, lost wages and other financial needs.

How can you prove what you’re feeling?

The main obstacle to obtaining compensation for pain and suffering is providing evidence. Many insurance companies do not agree to pay these damages without a compelling reason or court order.

Although an insurance representative or judge will not be able to experience what you feel, there are ways to support your claim, such as:

  • A diagnosis from your doctor or therapist
  • A record of your medical treatments
  • A record of your symptoms and absences from work
  • Prescriptions for pain or mental illness

Despite the evidence, insurance companies could still deny your claim. If this happens, you can challenge their refusal through negotiations or court with the help of your lawyer.

When can’t you receive this type of compensation?

There are a few reasons why you might not be able to claim pain and suffering damages after an accident. For example, Kentucky does not allow victims to sue unless they suffered severe physical harm or owe at least $1,000 of related medical costs.

You also cannot file a claim after a certain deadline according to the related Kentucky statute of limitations. After that deadline passes, victims automatically waive their right to seeking damages for the accident. For this reason, crash victims need to speak to their attorney immediately.

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