What is considered pain and suffering?
In Utah, one is considered to have pain and suffering damages if an injury, one that is not economic damages, prevents him or her from doing their daily life the way he or she did before the injury. For example, if an athlete suffers a leg injury that prevents him from running, he or she is considered to have pain and suffering damages.
Who can recover from pain and suffering damages?
According to the personal injury lawyers in Utah from Gordon Law Group, P.C., anyone who has suffered pain and suffering damages may have a right to recover those damages from the person or entity that caused them. This means an injured party can sue someone who caused them an injury if that injury limits their life activities and prevents them from enjoying life the same way they did before the injury. Before compensation can be pursued, attorneys, such as the personal injury lawyers in Utah from Gordon Law Group, P.C., must consider how the injuries were caused, the level of damages suffered and the effects the injuries have caused to the victim.
Some of the factors considered include the kind of injury and its severity, the mental and physical suffering the injury has brought, the impact the injury has had on the daily life of the victim, any permanent consequences the victim has suffered and how long the injuries may last. In some cases, the injuries may even result in immediate death or shorten the life of the victim. All of these types of injuries are generally compensable.
Limits to damages
Sometimes, pain and suffering damages may be limited. Three main factors can cause the limitation. They include time limitations, amount limitations, and contributory limitations.
Time limitations occur if one does not file a case within the timelines contained in governing laws. Different types of injuries and cases have different timelines in which they should be reported and dealt with. For example, the personal injury lawyers in Utah from Gordon Law Group, P.C. generally will advise that a lawsuit for death resulting from an accident should be filed within two years of the incident. Likewise, a claim for vehicle repair damages should be filed within three years, while non-deadly injuries like broken bones and tissue damage from car accidents should be filed within four years of the incident.
In some cases, the law places amount or caps on the damages in personal injury cases. This is commonly true in claims for medical malpractice and claims for injuries against the state caused by state employees. Sometimes the amount is limited by a number or may be based on a formula like the Consumer Price Index.
Contributory limitations occur if the court finds you to be responsible for causing the damages. If your actions contribute to more than 49% of the damages, you cannot be compensated. If you are responsible for 49% or less, your recovery may be reduced by the percentage of your fault.
How Can a Lawyer Help in these cases?
When dealing with pain and suffering damage cases, it is important to involve an attorney to advise and guide you on pursuing the matter. Personal injury cases can be complex. Determining causation, the degree of injury and the limitations on your life are difficult to grapple with. A smart and experienced accident injury attorney will enable you to understand the situation and help you understand what compensation you may be entitled to. Failing to seek out competent legal advice within a short time after the incident may result in your claim being diminished or even barred.
At Gordon Law Group, P.C., our accident injury attorneys have years of experience and knowledge about all types of pain and suffering damages. We have helped many clients obtain compensation when they have been injured by another. If you have been injured, you may be entitled to compensation. Act now by contacting Gordon Law Group for a free 20-minute consultation. We will make sure that your rights and health are protected and that you get the compensation you deserve.