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How are pain and suffering damages determined?

Tennessee residents who have been injured in a car accident may worry about their physical health. A car wreck can leave an individual with broken bones, torn ligaments and head and neck injuries that can leave the victim disabled. These physical injuries, in turn, can lead to emotional turmoil. These victims should be sure to seek medical treatment that can adequately address their needs.

Another major concern for accident victims is how to pay for their losses. Fortunately, medical expenses, lost wages and damage to property may be recovered through a personal injury lawsuit. Although recovering these losses can go a long way to getting a victim back on the path to recovery, financially speaking, it may not be enough.

This is why the law allows victims to recover compensation for pain and suffering. These non-economic damages may include disfigurement, mental anguish, loss of companionship, emotional distress and loss of enjoyment of life. The amount of compensation awarded for these damages can vary greatly on a case-by-case basis. However, there are a number of factors that may be considered when determining these damages, including the severity of the injuries, any evidence of scarring, the risk of ongoing consequences resulting from the accident and the length of time it may take for the victim to recover from the physical injuries.

Since there is very little guidance on how to award pain and suffering damages, the persuasiveness of a plaintiff is also a key factor to recovering these awards. Tennessee residents who have been hurt in a car crash may want to get more information on how to utilize the facts, the law and the art of persuasion to advocate in the aftermath of a wreck caused by the negligence of another.

Source: FindLaw, "Car Accident Pain and Suffering Damages," accessed on Nov. 11, 2016

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